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CHARTER 

OF  THE 

CITY  AND   COUNTY  OF 
SAN   FRANCISCO 

PREPARED   AND   PROPOSED 
BY   THE 

BOARD  OF  FREEHOLDERS 

Elected  December  27,  1897,  in  pursuance  of  the  provisions  of 

Section  8,  Article  XI,  of  the  Constitution  of 

the  State  of  California. 


Ratified  by  Vote  of  the  People,  May  26,  1898. 

Approved  by  the  Legislature  of  the  State,  January  2G,  1899, 

In  full  Force  and  Effect,  January  8,  1900. 

With  Amendments  adopted  at  Special  Election,  December  4,  1902, 

(in  effect  February  5,   1903).      Amendments 

adopted  November  5,  1907  (in  effect 

November  22  and  November 

23,  1907),  and 

Amendments  adopted  November  15,  1010, 

(in  effect  February  17,  1911). 

Amendments  adopted  December  10,  1912, 

(in  effect  March  28,  1913). 

Amendments  adopted  March  16,  1915, 

(in  effect  April  1,  1915). 


Published  Ijy  authority  of  tlu;  P.oard  of  Supervisors. 

JOHN  S.  DUNNIGAN,  Clkuk. 


Phillips  a  Van  Orden  Co  .  San  Francisco 


-3  l^^lHi 


^i 


Board  of  Freeholders 


President : 
Joseph  BRITTON. 


JjaiOMK  A.  ANDERSON, 

JAMES  BUTLER, 

H.  N.  CLEMENT, 

A.  COMTE,  JR., 

ALFRED  CRIDGE, 

L.  R.  ELLERT, 

1  SI  DOR  GUTTE, 


P.  H.  McCarthy, 

JOHN  NIGHTINCiALE,  JR. 
JOHN  C.  NOBMANN, 
JOSEPH  O'CONNOR, 
LI  PPM  ANN  SACHS, 
EDWARD  R.  TAYLOR, 
A.  W.  THOMPSON. 


Secretary, 
J.  RICH'D.  FREUD. 


215441 


Committees 


1.  BOUNDARY,  RIGHTS  AND  LIABILITIES 

.\()l)iiiann,  Thompson  and  McCarthy. 

2.  THE  LEGISLATIVE  DEPARTMENT 

Illicit,  Anderson,  Taylor  and  Cridge. 

3.  FINANCE,  REVENUE  AND  TAXATION 

Sachs,  Ellcrt  and  Comte. 

4.  THE  EXECUTIVE  DEPARTMENT 

Comte,  EUert  and  Nightingale. 

5.  THE  JUDICLAL  DEPARTMENT 

Clement,  Comte  and  Taylor. 

6.  DEPARTMENT  OF  PUBLIC  WORKS 

Taylor,  EUert  and  Gutte. 

7.  PUBLIC  SCHOOLS  AND  LIBRARIES 

O'Connor,  Nightingale,  McCarthy  and  Comte. 

8.  POLICE  AND  CORRECTION 

Bi-itton,  Sachs,  Nobmann  and  Butler. 

9.  THE  FIRE  DEPARTMENT 

Gutte,  Clement  and  McCarthy. 

10.  THE  HEALTH  DEPARTMENT 

Anderson,  Nightingale  and  Taylor. 

11.  DEPARTMENT  OF  ELECTIONS 

Butler,  Nobmann  and  Thompson. 

12.  PUBLIC  UTILITIES 

Cridge,  Anderson  and  Britton. 

13.  CIVIL  SERVICE  AND  SALARIES 

McCarthy,  Clement  and  Gutte. 

14.  MISCELLANEOUS  AND  SCHEDULE 

Nightingale,  Taylor  and  Comte. 

15.  REVISION 

Thompson,  Taylor,  O'Connor,  Ciidge  and  Anderson. 


Contents 


Page 
ARTICLE     I — Boundaries,  Rights  and  Liabilities 1 

ARTICLE  II— Legislative  Department. 

Chapter  I — The  Board  of  Supervisors 3 

IT — Powers  of  the  Supervisors 7 

III— Contracts   21 

ARTICLE  III — Finance  and  Taxation. 

Chapter  I — Levying  of  Taxes 25 

II— The  Several  Funds 29 

III— The  Custody  of  Public  Moneys 34 

IV— Payment   of   Claims 38 

ARTICLE  IV— Executive  Department. 

Chapter  I— Mayor 39 

II— Auditor   41 

III — Treasurer  43 

IV — ^Assessor 47 

V— Tax  Collector 48 

VI — Coroner    49 

VII— Recorder   50 

ARTICLE   V— Legal    Department. 

Chapter  I — Superior  Court  Judges 51 

II — City  Attorney 51 

III — District   Attorney 52 

rV — Public  Administrator 54 

V— County    Clerk 54 

VI— Sheriff    55 

VII — Justices'  Court 55 

VIII— Police  Court 56 

IX — San  Francisco  Law  Library 60 

ARTICLE  VI— Department  of  Public  Works. 

Chapter  I — Hoard  of  Public  Works 61 

II — Improvement  of  Streets 70 

III— Opening  of  Streets 92 

IV — •Sewers   and    Drainage 102 

V — Harbors   and    Wharves 104 

VI— Change  of  Grades 104 

VIII — Tunnels,  Subways  and  Viaducts Ill 

ARTICLE  VII— Public  Schools  and  Libraries. 

Chapter  I — Board  of  Education 115 

II— Schools   115 

III — Powers  of  Board  of  Education 116 

IV — Superintendent   of   Schools 119 

V— School    Tax    Levy..... 121 

VI — School  I  louses  and  Lots 122 

VII — Public  Library  and  Reading  Rooms 123 


CONTENTS 

ARTICLE  VIII— Police  Department. 

Page 

Chapter  I — Organization    126 

II — rolice  Commissioners 126 

III— rowers  of  the  Board 127 

IV— Chief   of   Police 129 

V— Subordinate    Officers 131 

VI— Police   Officers.. 132 

VII — Promotions,   Suspensions   and   Dismissals 132 

VIII— Inclaimed   and    Stolen    Property 133 

IX — Present   Police  Force 134 

X— Police  Relief  and  Pension  Fund 134 

ARTICLE  IX— Fire  Department. 

Chapter  I —  Organization   and   Powers 139 

II — Duties    of    Commissioners 141 

III— The  Chief  Engineer 142 

IV — Fire   Companies 143 

V— Fire  Marshal 143 

VI — Fire  Wardens 144 

VII— Firemen's  Relief  Fund 144 

VIII — Salaries  and  Vacations 147 

IX — Department  of  Electricity 148 

ARTICLE    X— Department  of  Public  Health 149 

ARTICLE  XI— Department  of  Elections. 

Chapter  I — ^Board   of  Election  Commissioners 152 

II — Municipal  Elections 153 

III— The  Initiative 160 

IV— The    Referendum 164 

V— The  Recall .165 

ARTICLE  XII— Acquisition  of  Public  Utilities 169 

ARTICLE  XIII— Civil    Service 178 

ARTICLE  XIV— Park  Commissioners 186 

ARTICLE  XIV- A — Playground  Commissioners 192 

ARTICLE  XV— Bonds  of  Officials 195 

ARTICLE  XVI— Miscellaneous ..197 

SCHEDULE 208 


C  H  ART  E  R 

City  and  County  of  San  Francisco 

Provided  for  by  Section  8  of  Article  XI  of  the  Constitution 

of  the  State  of  California 

Proposed  by  a  Board  of  Freeholders,  elected  December  27, 1897. 

Ratified  by  the  Electors,  May  26, 1898. 

Approved  by  the  Legislature,  January  26, 1899. 

(Statutes  1899,  page  241) 

In  full  force  and  effect  January  8, 1900. 

Amended  at  a  special  election  held  December  4, 1902. 

Amendments  approved  by  the  Legislature,  February  5, 1903, 

(Statutes  1903,  page  586) 

Also  amended  at  the  municipal  election,  held  November  5, 1907. 

Amendments  approved  by  the  Legislature  (special  session),  November 

22  and  23,  1907. 

(Statutes  1909,  page  29) 

Also  amended  at  a  special  election  held  November  15, 1910. 

Amendments  approved  by  the  Legislature,  February  17, 1911. 

(Statutes  1911,  page  1661) 

Also  amended  at  a  special  election  held  December  10, 1912. 

Amendments  approved  by  the  Legislature,  March  28, 1913. 

(Statutes  1913,  page  1602) 

Also  amended  at  a  special  election  held  March  16, 1915. 

Amendments  approved  by  the  Legislature,  April  1, 1915. 

(Statutes  1915). 


ARTICLE  I. 

BOUNDARIES,    RIGHTS    AND    LIABILITIES. 
Name  and  Powers  of  City  and  County, 

Section  1.  The  municipal  corporation  known  as  the  City  and 
County  of  San  Francisco  sliall  remain  and  continue  a  body  politic 
and  corporate  in  name  and  in  fact  by  the  name  of  the  City  and 
County  of  San  Francisco,  and  l)y  that  name  shall  have  perpetual 
succession ;  may  sue  and  defend  in  all  courts  and  places  and  in  all 
matters  and  proceedings;  may  have  and  use  a  common  seal  and 
alter  the  same  at  pleasure;  may  purchase,  receive,  hold  and  enjoy 
real  and  personal  property;  receive  bequests,  gifts  and  donations 
of  all  kinds  of  property,  in  fee  simple,  or  in  trust  for  charitable 
and  other  purposes,  and  do  all  acts  necessary  to  carry  out  the 
purposes  of  such  gifts,  bequests  and  donations,  with  power  to 
manage,  sell,  lease  or  otherwise  dispose  of  the  same  in  accordance 
with  the  terms  of  the  gift,  bequest  or  trust. 

Boundaries. 

Sec.  2.     The  boundaries  of  the  City  and  County  of  San  Fran- 
cisco are  hereby  declared  to  be  those  set  forth  in  Section  Thirty- 
Nine  Hundred  and  Fifty  of  the  Political  Code  of  California. 
Rights. 

Sec.  3.     The  City  and  County  of  San  Francisco  sliall  continue, 


2  Charter  of  the  City  and  County  of  San  Francisco. 

under  this  Charter,  to  liave,  hold  and  enjoy  all  property,  rights  of 
property,  risjlits  of  action  of  every  nature  and  description  of  the 
existing  nuinicipality  and  is  hereby  declared  to  be  the  successor 
of  the  same. 

Actions  by  or  Against  the  City  and  County. 

Sec.  4.  Suits,  actions  and  proceedings  may  be  brought  in  the 
name  of  the  City  and  County  for  the  recovery  of  any  property, 
money  or  thing  l)elonging  thereto,  in  law  or  equity,  or  dedicated 
to  public  use  therein,  or  for  the  enforcement  of  any  rights  of,  or 
contracts  with,  the  City  and  County,  whether  made  or  arising  or 
accruing  before  or  after  the  adoption  of  this  Charter.  All  exist- 
ing suits,  actions  and  proceedings  in  the  courts  or  elsewhere,  to 
wliich  the  City  and  County  is  a  party,  shall  continue  to  be  carried 
on  by  or  against  the  City  and  County, 

Liability  for  Damages  by  Reason  of  Defective  Sidewalks,  Etc. 

Sec.  5.  No  recourse  shall  be  had  against  the  City  and  County, 
or  any  board  of  officers  thereof,  for  damage  or  loss  to  person 
or  property  suffered  or  sustained  by  reason  of  the  defective 
condition  of  any  sidewalk,  street,  avenue,  lane,  alley,  court  or 
place,  none  of  which  has  been  finally  accepted  by  the  super- 
visors of  the  city  and  county  as  by  law,  or  as  in  this  charter  pro- 
vided, nor  shall  there  be  any  recourse  against  the  City  and  County, 
or  any  board  or  officer  thereof,  for  damage  to  person  or  property 
suffered  or  sustained  by  reason  of  accident  on  any  such  sidewalk, 
street,  avenue,  lane,  alley,  court  or  place;  but  in  any  such  case 
the  person  or  persons  on  whom  the  law  may  have  imposed  the 
o])ligation  to  repair  such  defect  in  any  such  sidewalk,  street  or 
public  highway,  shall  be  liable  to  the  party  injured  for  the  damage 
suffered  or  sustained. 

When  any  portion  of  the  roadway  of  a  public  street  in  the 
City  and  County  which  has  been  accepted  by  the  Supervisors  as 
])rovided  by  law,  shall  be  in  such  defective  condition  as  to  en- 
danger persons  or  property  in  the  use  thereof ;  or  when  any  public 
sewer  is  defective  or  in  want  of  repair,  it  shall  be  the  duty  of  the 
Board  of  Public  Works  to  cause  any  such  defect  in  such  roadway 
or  in  such  sewer  to  be  remedied  or  repaired.  And.  if  through 
the  official  negligence  of  the  said  Board  such  defect  remains  un- 
remedied or  unprotected,  and  in  consequence  thereof  damage  or 
loss  to  person  or  property  is  sustained  or  suffered,  the  said  board 
shall  be  liable  to  the  party  injured  for  the  damage  sustained; 
provided  that  a  notice  in  writing  directing  attention  to  the  exist- 
ence of  such  defect,  and  specifying  the  particular  street  and  block 
thereof  whereon  or  wherein  such  defect  exists,  shall  have  been 
served  upon  the  said  Board  at  least  five  days  before  such  damage 
shall  have  been  sustained;  and  provided  further  that  there  are 
at  such  time  funds  available  to  the  said  board  for  repairing  or 
remedying  .such  defects. — As  amended  November  15, 1910;  approved 
hy  the  Legislature  February  17,  1911  (Statutes,  1911,  page  1661). 


Article  II,  Chapter  I,  Legislative  Department.  3 

ARTICLE  II. 

LEGISLATIVE  DEPARTMENT. 
CHAPTER  I. 

THE    BOARD    OF    SUPERVISORS. 
Legislative  Power. 

Section  1.  The  legislative  power  of  the  City  and  County  of 
San  Francisco  shall  be  vested  in  a  legislative  body,  which  shall 
be  designated  the  Board  of  Supervisors.  Such  body  is  also  des- 
ignated in  this  Charter,  the  Supervisors. 

Supervisors:     Term.     Qualifications. 

See.  2.  The  Board  of  Supervisors  shall  consist  of  eighteen 
members,  all  of  whom  shall  hold  office  for  two  years  and  be 
elected  from  the  City  and  County  at  large.  Each  one  must  be  at 
the  time  of  his  election  an  elector  of  the  city  and  county,  and  must 
have  been  such  for  at  least  five  years  next  preceding  his  election. 
Each  Supervisor  shall  receive  a  salary  of  two  hundred  dollars  a 
month. 

Every  person  who  has  served  as  Mayor  of  the  City  and  County, 
so  long  as  he  remains  a  resident  thereof,  shall  be  entitled  to  a 
seat  in  the  Board  of  Supervisors  and  to  participate  in  its  debates, 
but  shall  not  be  entitled  to  a  vote  nor  to  any  compensation. — 
As  amended  November  15,  1910;  approved  hy  the  Legislature 
February  17,  1911  (Statutes,  1911,  page  1661). 

Quorum. 

Sec,  3.  A  majority  of  all  the  members  of  the  Board  shall  con- 
stitute a  quorum,  but  a  less  number  may  adjourn  from  day  to 
day  and  compel  the  attendance  of  absent  members  in  such  man- 
ner and  under  such  penalties  as  the  Board  may  prescribe. 

Powers  of  tlie  Board  of  Supervisors. 
Sec.  4.     The  Board  shall: 

Appointments. 

1.  Appoint  a  Clerk,  Sergeant-at-Arms  and,  when  authorized  to 
do  so  by  ordinance,  such  additional  clerks  and  other  assistants 
as  may  be  deemed  necessary. 

Rules. 

2.  Establish  rules  for  its  proceedings. 
Journal. 

3.  Keep  a  journal  of  its  proceedings,  and  allow  the  same  to  be 
published.  The  ayes  and  noes  shall  on  demand  of  any  member 
be  taken  and  entered  therein. 

Decorum. 

4.  Have  authority  to  i)unish  its  members  for  disorderly  or 
contemptuous  behavior  in  its  presence. 


4  Charter  of  the  City  and  County  of  San  Francisco. 

Presiding  Officer. 

Sec.  r>.  The  Mayor  sliall  be  the  presiding  officer  of  the  Board 
of  Supervisors.  In  the  absence  of  the  Mayor  the  Board  shall 
appoint  a  presiding  officer  pro  tempore  from  its  own  members, 
who  shall  have  the  same  right  to  vote  as  other  members. 

Meetings:     Time  and   Piace. 

Sec.  6.  The  Board  shall  meet  on  IMonday  of  each  week,  or  if 
tliat  day  be  a  legal  holiday,  then  on  the  next  day.  The  Board 
.«^hall  not  adjourn  to  any  other  place  than  to  its  regular  place  of 
meeting,  except  in  case  of  great  necessity  or  emergency.  The 
meetings  of  the  Board  shall  be  public. 

Clerk  of  the  Board:      Duties  and   Powers. 

Sec.  7.  The  Clerk  of  the  Board,  when  requested  to  do  so,  shall 
administer  oaths  and  affirmations,  without  charge,  in  all  matters 
pertaining  to  the  affairs  of  his  office,  and  shall  perform  such 
services  as  may  be  prescribed  by  the  Board.  He  shall  have  the 
custody  of  the  seal,  and  of  all  leases,  grants  and  other  documents, 
records  and  papers  of  the  City  and  County.  His  signature  shall 
be  necessary  to  all  leases,  grants  and  conveyances  of  the  City  and 
County. 

Ordinances:      Enactments  and   Passage. 

Sec.  8.  Every  legislative  act  of  the  City  and  County  shall  be 
by  ordinance.  The  enacting  clause  of  every  ordinance  shall  be 
in  these  words:  "Be  it  ordained  by  the  People  of  the  City  and 
County  of  San  Francisco  as  follows."  No  ordinance  shall  be 
passed  except  by  bill,  and  no  bill  shall  be  so  amended  as  to  change 
its  original  purpose. 

Bills  and  Resolutions:      Final  Adoption. 

Sec.  9.  No  bill  shall  become  an  ordinance,  nor  resolution  be 
adopted,  unless  finally  passed  by  a  majority  of  all  the  members  of 
the  Board  and  the  vote  be  taken  by  ayes  and  noes  and  the  names 
of  the  members  voting  for  and  against  the  same  be  entered  in  the 
Journal. 

Revision   and   Amendment. 

Sec.  10.  No  ordinance  shall  be  revised,  re-enacted  or  amended 
by  reference  to  its  title;  but  the  ordinance  to  be  revised  or  re- 
enacted,  or  the  section  thereof  amended,  shall  be  re-enacted  at 
length  as  revised  and  amended. 

Subject  and  Title. 

Sec.  11.  An  ordinance  shall  embrace  but  one  subject,  which 
subject  shall  be  expressed  in  its  title.  If  any  subject  be  embraced 
in  an  ordinance  and  not  expressed  in  its  title,  such  ordinance  shall 
be  void  only  as  to  so  much  thereof  as  is  not  expressed  in  its  title. 


Article  II,  Chapter  I,  Legislative  Department.  5 

Reconsideration:     Franchises. 

Sec.  12.  Wlien  a  bill  is  put  upon  its  final  passage  in  the  Board 
and  fails  to  pass,  and  a  motion  is  made  to  reconsider,  the  vote 
upon  such  motion  shall  not  be  acted  upon  before  the  expiration 
of  twenty-four  hours  after  adjournment.  No  bill  for  the  grant 
of  any  franchise  shall  be  put  upon  its  final  passage  within  ninety 
days  after  its  introduction,  and  no  franchise  shall  be  renewed 
before  one  year  prior  to  its  expiration.  Every  ordinance  shall, 
after  amendment,  be  laid  over  for  one  week  before  its  final  passage. 

Advertisement  of   Bills  and    Resolutions. 

Sec.  13.  Every  bill  or  resolution  providing  for  any  specific 
improvement,  or  the  granting  of  any  franchise  or  privilege,  or 
involving  the  lease,  appropriation  or  disposition  of  public  prop- 
erty, or  the  expenditure  of  public  money,  except  sums  less  than 
two  hundred  dollars,  or  levying  any  tax  or  assessment,  and  every 
ordinance  providing  for  the  imposition  of  a  new  duty  or  penalty, 
shall,  after  its  introduction,  be  published  in  the  official  news- 
paper with  the  ayes  and  noes,  for  at  least  five  successive  days 
(Sundays  and  legal  holidays  excepted)  before  final  action  upon 
the  same.  If  such  bill  be  amended,  the  bill  as  amended  shall  be 
advertised  for  a  like  period  before  final  action  thereon.  But  in 
cases  of  great  necessity  the  officers  and  heads  of  departments 
may,  with  the  consent  of  the  Mayor,  expend  such  sums  of  money, 
not  to  exceed  two  hundred  dollars,  as  shall  be  necessary  to  meet 
the  requirements  of  such  necessity. 

Veto  of  Separate  Items  by  the   Mayor. 

Sec.  14.  If  any  bill  be  presented  to  the  Mayor  containing  sev- 
eral items  appropriating  money  or  fixing  a  tax  levy,  he  may  ob- 
ject to  one  or  more  items  separately,  while  approving  other  por- 
tions of  the  bill.  In  such  case  he  shall  append  to  the  bill  at  the 
time  of  signing  it  a  statement  of  the  item  or  items  to  which  he 
objects  and  the  reasons  therefor,  and  the  item  or  items  so  objected 
to  shall  not  take  effect  unless  passed  notwithstanding  the  Mayor's 
objection.  Each  item  so  objected  to  shall  be  separately  recon- 
sidered by  the  Board  in  the  same  manner  as  bills  which  have 
been  disapproved  by  the  Mayor. 

When  Ordinances  Take  Effect. 

Sec.  15.  No  ordinance  shall  take  effect  until  ten  days  after  its 
passage  unless  otherwise  provided  in  such  ordinance. 

Approval  or  Disapproval  of  Mayor. 

Sec.  16.  Every  bill  and  every  resolution  as  hereinl)efore  pro- 
vided, which  shall  have  passed  the  Board  and  shall  have  been 
duly  authenticated,  shall  be  presented  to  the  Mayor  for  his  ap- 
proval. The  Mayor  shall  return  such  l)ill  or  resolution  to  the 
Board  within  ten  days  after  re(;eiving  it.  If  lie  approve  it  he 
shall  sign  it  and  it  shall  then  l)ecome  an  ordinance.     If  he  dis- 


6  I'hartcr  of  the  City  aud  County  of  San  Francisco. 

approves  it  lie  shall  specify  his  objections  thereto  in  writing.  If 
lie  does  not  return  it  with  such  disapproval  within  the  time  above 
speeitied.  it  shall  take  effect  as  if  he  had  approved  it.  The  objec- 
tions of  the  Mayor  sliall  b»  entered  at  large  in  the  Journal  of  the 
Board,  and  the  Board  shall,  after  live  and  within  thirty  days  after 
such  bill  or  resolution  shall  have  been  so  returned,  reconsider  and 
vote  upon  the  same.  If  the  same  shall,  upon  reconsideration,  be 
again  ]>assed  by  the  affirmative  vote  of  not  less  than  fourteen 
members  of  the  Board,  the  presiding  officer  shall  certify  that  fact 
on  the  bill  or  resolution,  and  when  so  certified,  the  bill  shall  be- 
come an  ordinance  with  like  effect  as  if  it  had  been  approved  by 
the  Alayor.  If  the  bill  or  resolution  shall  fail  to  receive  the  vote 
of  fourteen  members  of  the  Board  it  shall  be  deemed  finally  lost. 
The  vote  on  such  reconsideration  shall  be  taken  by  ayes  and  noes 
and  the  names  of  the  members  voting  for  and  against  the  same 
shall  be  entered  in  the  Journal. 

Deposit  of  All  Ordinances. 

Sec.  17.  All  ordinances  and  resolutions  shall  be  deposited  with 
the  Clerk  of  the  Board,  who  shall  record  the  same  at  length  in  a 
suitable  book. 

Repeal  of  Ordinances. 

Sec.  18.  No  ordinance  shall  be  repealed  except  by  ordinance 
adopted  in  the  manner  hereinbefore  set  out,  and  such  ordinance 
shall  be  presented  to  the  Mayor  for  his  approval  as  hereintofore 
provided. 

Demands  for  Payment  of  Money. 

Sec.  19.  Except  as  provided  in  Chapter  III  of  Article  III  of 
this  Charter,  all  demands  payable  out  of  the  treasury  must,  be- 
fore they  can  be  approved  by  the  Auditor  or  paid  by  the  Treas- 
urer, be  first  approved  by  the  Board  of  Supervisors.  All  demands 
for  more  than  two  hundred  dollars  shall  be  presented  to  the  Mayor 
for  his  approval,  in  the  manner  hereinbefore  provided  for  the 
passage  of  bills  or  resolutions.  All  resolutions  directing  the  pay- 
ment of  money  other  than  salaries  or  wages,  when  the  amount  ex- 
ceeds five  hundred  dollars,  shall  be  published  for  five  successive 
days  (Sundays  and  legal  holidays  excepted)  in  the  official  news- 
paper. 

Section  20.  Repealed  by  amendment  November  15,  1910;  ap- 
proved by  the  Legislature  February  17,  1911  (Statutes,  1911,  page 
1661). 

Section  21.  Repealed  by  amendment  November  15,  1910;  ap- 
proved by  the  Legislature  February  17,  1911  (Statutes,  1911,  page 
1661). 

Amendments  to  Charter  by  Petition. 

Sec.  22.  Whenever  there  shall  be  presented  to  the  Supervisors 
a  petition  signed  by  a  number  of  voters  equal  to  fifteen  per  centum 


Article  II,  Chapter  II,  Legislative  Department.  7 

of  the  votes  east  at  tlie  last  preceding  State  or  municipal  election, 
asking  that  an  amendment  or  amendments  to  this  Charter,  to  be 
set  out  in  such  petition,  be  submitted  to  the  people,  the  Board  must 
submit  to  the  vote  of  the  electors  of  the  City  and  County  the  pro- 
posed amendment  or  amendments. 

The  signatures  to  the  petition  need  not  all  be  appended  to  one 
paper.  Each  signer  shall  add  to  his  signature  his  place  of  resi- 
dence, giving  the  street  and  number.  One  of  the  signers  of  each 
such  paper  shall  make  oath  before  an  officer  competent  to  ad- 
minister oaths  that  the  statements  made  therein  are  true  and  that 
each  signature  to  such  paper  appended  is  the  genuine  signature 
of  the  person  whose  name  purports  to  be  thereto  subscribed. 

The  Board  of  Election  Commissioners  must  make  all  necessary 
provision  for  submitting  the  proposed  amendment  or  amendments 
to  the  electors  at  a  special  election  to  be  called  by  it,  and  shall 
canvass  the  vote  in  the  same  manner  as  in  other  cases  of  election. 

All  the  provisions  of  the  Constitution  of  the  State  embracing  the 
subject  in  this  section  provided  for  are  hereby  expressly  made 
applicable  to  such  proposed  amendment  or  amendments.  But  if  at 
any  time  there  shall  be  no  constitutional  provision  or  provi- 
sions under  which  this  Charter  may  be  amended,  then  the  afore- 
said amendment  or  amendments  must  be  submitted  by  the  Board 
of  Election  Commissioners  to  the  vote  of  the  electors  of  the  City 
and  County  at  the  election  which  next  ensues  after  such  petition 
is  filed  with  the  Supervisors,  if  any  such  election  is  not  to  be  held 
within  sixty  days  after  the  filing  of  such  petition. 

The  tickets  used  at  such  election  shall  contain  the  words  "FOR 
THE  AMENDMENT"  (stating  the  nature  of  the  proposed  amend- 
ment) and  "AGAINST  THE  AMENDMENT"  (stating  the  nature 
of  the  proposed  amendment). 

If  a  majority  of  the  votes  cast  upon  such  amendment  or  amend- 
ments shall  be  in  favor  of  the  adoption  thereof,  the  Board  of  Elec- 
tion Commissioners  shall,  within  thirty  days  from  the  time  of  such 
election,  proclaim  such  fact,  and  thereupon  this  Charter  shall  be 
amended  accordingly. 

Section  23.  Repealed  by  amendment  November  15,  1910;  ap- 
proved by  the  Legislature  February  17,  1911 ;  in  effect  January 
8,  1912.    (Statutes,  1911,  page  1661.) 

CHAPTER  II. 

POWERS  OF  THE   SUPERVISORS. 

Section  1.  Subject  to  the  provisions,  limitations  and  restric- 
tions in  this  (Jliarter  contained,  the  Hoard  of  Supervisors  shall 
have  power: 

Local   Laws. 

1.     To  oi'dain,  iiiak(^  and  ctil'orcc   williiti   the  iiiiiils  (tT  llic  City 


8  Charlt  r  of  ilir  Cily  a)id  County  of  San  Francisco. 

nud  County  all   lUH-ossary   Im-al,   police,  sanitary  and  other  laws 
and  regulations. 

Use  of  Streets. 

2.  Except  as  otherwise  provided  in  this  Charter,  or  in  the  Con- 
stitution of  the  State  of  California,  to  regulate  and  control  for 
any  and  every  purpose,  the  use  of  the  streets,  highways,  public 
thoroughfares,  public  places,  alleys  and  sidewalks  of  the  City  and 
County. 

Permits  for  Spur  Tracks  on  Streets. 

3.  To  permit  the  laying  down  of  spur  or  side  tracks  and  run- 
ning of  cars  thereon  for  industrial  purposes  only,  for  the  purpose 
of  connecting  warehouses,  manufactories  or  other  business  in- 
dustries and  enterprises  with  the  Belt  Line  of  railroads  along 
the  water  front  or  other  lines  of  railroad  which  now  or  may  here- 
after enter  the  City  and  County,  subject  to  such  regulations  and 
conditions  as  may  be  prescribed  from  time  to  time  by  said  Board 
of  Supervisors;  such  tracks  to  be  used  for  transportation  of 
freight  only,  and  not  to  be  used  as  a  main  line  or  a  part  thereof; 
and  also  for  the  purpose  of  excavating  and  filling  in  a  street  or 
portion  of  a  street  or  the  adjoining  land,  and  for  such  limited 
time  as  may  be  necessary  for  such  purpose  and  no  longer. 

Such  tracks  must  be  laid  level  with  the  street  and  must  be 
operated  under  such  restrictions  as  not  to  interfere  with  the  use 
of  such  streets  by  the  public.  All  permits  granted  under  the  pro- 
visions hereof  shall  be  revocable  at  the  pleasure  of  the  Board  of 
Supervisors.  All  spur  or  side  tracks  laid  down  and  in  use  on  the 
first  day  of  July,  1907,  shall  be  deemed  to  have  been  laid  down 
and  to  be  in  use  by  permission  of  the  Board  of  Supervisors,  sub- 
ject to  the  provisions  of  this  section. — As  amended  November  5, 
1907 ;  approved  hy  the  Legislature  November  23,  1907  (Statutes 
Special  Session,  1907,  page  55). 

Street  Sweepings. 

4.  To  empower  street  railway  companies,  under  such  condi- 
tions as  the  Board  may  see  fit  to  impose,  to  convey  street  sweep- 
ings and  offal  to  the  public  parks. 

Fire  Limits. 

5.  To  fix  the  limits  within  which  wooden  buildings  or  struc- 
tures shall  not  be  erected,  placed  or  maintained,  and  to  prohibit 
the  same  within  such  limits.  Such  limits  when  once  established 
shall  not  be  changed  except  by  extension. 

Nuisances. 

6.  To  provide  for  the  abatement  or  summary  removal  of  any 
nuisance  and  to  condemn  and  to  prevent  the  occupancy  of  unsafe 
structures. 


Article  11,  Chapter  II,  Legislative  Department.  9 

Passenger  Vehicles. 

7.  To  regulate  the  use  of  hackney  carriages  and  public  pas- 
senger vehicles,  and  to  fix  the  rates  to  be  charged  for  the  trans- 
portation of  persons  or  personal  baggage. 

Public  Pound. 

8.  To  provide  a  public  pound  and  to  make  all  necessary  rules 
and  regulations  in  the  matter  of  animals  running  at  large,  and 
for  the  custody  and  destruction  of  the  same. 

iVIorgue. 

9.  To  provide  and  maintain  a  morgue. 
Places  for  Detention. 

10.  To  provide  for  places  for  the  detention  of  witnesses  and 
persons  charged  with  insanity,  separate  and  apart  from  places 
where  criminals  or  persons  accused  of  public  offenses  are  im- 
prisoned. 

Prisons,  Hospitals  and  Almshouses. 

11.  To  establish,  maintain  and  regulate,  and  change,  discon- 
tinue and  re-establish  City  and  County  jails,  prisons  and  houses 
of  detention,  punishment,  confinement  and  reformation,  hospitals 
and  almshouses. 

Acquire  Property. 

12.  To  purchase  or  acquire  by  condemnation  such  property  as 
may  be  needed  for  public  use. 

Water,    Heat,    Light,    Power,    Etc. 

13.  Except  as  otherwise  provided  in  this  Charter,  to  regulate 
and  control  the  location  and  quality  of  all  appliances  necessary 
to  the  furnishing  of  water,  heat,  light,  power,  telephonic  and  tele- 
graphic service  to  the  City  and  County,  and  to  acquire,  regulate 
and  control  any  and  all  appliances  for  the  sprinkling  and  clean- 
ing of  the  streets  of  the  City  and  County,  and  for  flushing  the 
sewers  therein. 

Regulation  of  Public  Utility  Rates. 

14.  To  fix  and  determine  by  ordinance  in  the  month  of  Feb- 
ruary of  each  year,  to  take  effect  on  the  first  day  of  July  tliere- 
after,  the  rates  or  compensation  to  be  collected  by  any  person, 
company  or  corporation  in  the  City  and  County,  for  the  use  of 
water,  heat,  light,  power  or  telephonic  service,  supplied  to  the 
City  and  County,  or  to  the  inhabitants  thereof,  and  to  prescribe 
the  quality  of  tiie  service. — As  amended  November  5,  1907;  ap- 
proved by  the  Legislature  November  23,  1907  (Statutes  Special 
Sessions,  1907,  page  55). 

License  Taxes,  Exemption. 

15.  To  impose  license  taxes  and  to  provide  for  the  collection 
thereof;  but  no  license  taxes  shall  be  imposed  upon  any  person 


10  Charter  of  the  Cilii  (ind  Count ij  of  San  Francisco. 

who.  at  any  fixed  place  of  business  in  the  City  and  County,  sells 
or  maaufaetures  poods,  wares  or  merehandise,  except  such  as  re- 
quire pennits  from  the  Board  of  Police  Commissioners  as  pro- 
vided in  this  Charter. 

Fines  and   Penalties. 

16.  To  prescribe  fines,  forfeitures  and  penalties  for  the  breach 
of  any  ordinance;  but  no  penalty  shall  exceed  the  amount  of  five 
hundred  dollars  or  six  months'  imprisonment,  or  both. 

Fees, 

17.  To  fix  the  fees  and  charges  for  all  official  services  not 
otherwise  provided  for  in  this  Charter. 

Fourth  of  July.     Memorial   Day. 

18.  To  allow  not  to  exceed  two  thousand  five  hundred  dollars 
in  any  year  for  the  celebration  of  the  anniversary  of  our  National 
Independence,  and  not  to  exceed  five  hundred  dollars  in  any  year 
for  the  observance  of  Memorial  Day. 

Cruelty  to  Animals. 

19.  To  appropriate  such  sums  as  may  be  paid  into  the  treasury 
from  fines  collected  on  conviction  of  persons  charged  with  cruelty 
to  animals,  and  to  authorize  the  payment  of  the  same  or  some 
part  thereof  to  any  society  that  shall  efficiently  aid  in  such  con- 
victions. 

Interpreters'  Compensations. 

20.  To  provide  for  the  payment  of  compensation  to  the  inter- 
preters appointed  by  the  Judges  of  the  Superior  Court  to  inter- 
pret testimony  in  criminal  cases  in  said  Court  or  the  Police  Court, 
or  upon  inquests  and  examinations.  Such  compensation  shall  not 
exceed  one  hundred  dollars  a  month  for  each  interpreter. 

Rewards  to  Catch  Criminals. 

21.  To  offer  rewards  not  exceeding  one  thousand  dollars  in 
any  one  instance  for  the  apprehension  and  conviction  of  any  per- 
son who  may  have  committed  a  felony  in  the  City  and  County, 
and  to  authorize  the  payment  thereof. 

Sewer  System  Fund. 

22.  To  provide  in  the  annual  tax  levy  for  a  special  fund  to  be 
used  in  the  construction  of  a  general  system  of  drainage  and 
sewerage. 

Officiar  Seals. 

23.  To  provide  a  Seal  for  the  City  and  County,  and  Seals  for 
the  several  departments,  boards  and  officers  thereof,  and  a  Seal 
for  the  Police  Court. 


Article  II,  Chapter  II,  Legislative  Department.  11 

Hours  and  Wages  of  Laborers. 

24.  To  fix  hours  of  labor  or  service  required  of  all  laborers 
in  the  service  of  the  City  and  County,  and  to  fix  their  compensa- 
tion; provided  that  eight  hours  shall  be  the  maximum  hours  of 
labor  in  any  calendar  day,  and  that  the  minimum  wages  of  labor- 
ers shall  be  three  dollars  a  day. — As  amended  November  15,  1910; 
approved  by  the  Legislature  February  17,  1911  (Statutes  1911, 
page  1661.) 

Boulevards. 

25.  To  set  apart  as  a  boulevard  or  boulevards  any  street  or 
streets,  or  portions  of  a  street  or  streets,  over  which  there  is  no 
existing  franchise  for  any  street  railroad. 

Tunnels. 

26.  To  construct  or  permit  the  construction  of  tunnels,  under 
such  rules  and  regulations  as  the  Board  may  prescribe. 

Regulation  of  Street  Railways. 

27.  To  regulate  street  railroads,  tracks  and  cars;  to  permit 
two  or  more  lines  of  street  railways,  operated  under  different 
managements,  to  use  the  same  street,  each  paying  an  equal  portion 
for  the  construction  and  repair  of  the  tracks  and  appurtenances 
used  by  said  railways  jointly  for  such  number  of  blocks  consecu- 
tively, not  exceeding  ten  blocks,  to  fix,  establish  and  reduce  the 
fares  and  charges  for  transporting  passengers  and  goods  thereon ; 
to  regulate  rates  of  speed,  and  to  pass  ordinances  to  protect  the 
public  from  danger  or  inconvenience  in  the  operation  of  such 
roads. — As  Amended  December  4,  1902;  approved  by  the  Legisla- 
ture February  5, 1903  (Statutes  1903,  page  586). 

Entry  to  the  City  of  Steam   Railroads. 

28.  To  allow  any  transcontinental  or  other  railroad  company 
having  not  less  than  fifty  miles  of  road  actually  constructed  and 
in  operation  to  enter  the  City  and  County  with  its  road  and  run 
its  ears  to  the  water  front  at  the  most  suitable  point  for  public 
convenience.  No  exclusive  right  shall  be  granted  to  any  railroad 
company;  and  the  use  of  all  such  rights  shall  at  all  times  be  sub- 
ject to  regulation  by  the  Supervisors. 

Every  ordinance  granting  such  right  shall  be  upon  the  condi- 
tions that  said  company  .shall  pave  and  keep  in  rei)air  the  street 
from  ourb  to  curb  in  such  a  manner  and  with  such  material  as 
may  from  time  to  time  be  prescribed  by  the  Supervisors,  and  that 
such  company  shall  allow  any  other  railroad  company  to  use  in 
common  witli  it  the  same  track  or  tracks,  each  paying  an  eciual 
portion  for  the  construction  and  rc|)air  of  the  tracks  and  ai)i)ur- 
tenances  used  by  such  railways  jointly. 

Conveyance    of    Lands. 

29.  To  convey  lands  in  accordance  with  the  jtrovisions  (»f  the 


12  Chorltr  of  the  City  and  County  of  San  Francisco. 

Act  of  the  Tioprislature  of  the  State  of  California,  entitled  "An 
Act  to  expedite  the  settlement  of  land  titles  in  the  City  and 
County  of  San  Franeiseo,  and  to  ratify  and  confirm  the  acts  and 
procedin^rs  of  certain  of  the  authorities  thereof,"  approved  March 
14.  1870. 

Trusts. 

30.  To  provide  for  the  execution  of  all  trusts  confided  to  the 
City  and  County. 

Vacant    Lots. 

31.  To  transfer  from  one  department  of  the  City  Government 
vacant  and  unused  lots  of  land  to  another  department. 

Lease  of   Lands  of  the  City. 

32.  To  provide  for  the  lease  of  any  lands  now  or  hereafter 
owned  hy  the  City  and  County;  but  all  leases  shall  be  made  at 
public  auction  to  the  highest  responsible  bidder  at  the  highest 
monthly  rent,  after  publication  of  notice  thereof  for  at  least  three 
weeks.  No  lease  shall  be  authorized  except  by  ordinance  passed 
by  the  affirmative  vote  of  two-thirds  of  the  members  of  the  Board, 
and  approved  by  the  ]\Iayor,  and  no  lease  shall  be  made  for  a 
longer  period  than  twenty  years. 

Sale  of  Useless  Property. 

33.  To  provide  for  the  sale  at  public  auction,  after  advertising 
for  five  days,  of  personal  property  unfit  or  unnecessary  for  the 
use  of  the  City  and  County. 

Purchase  of  Property. 

34.  To  provide  for  the  purchase  of  property  levied  upon  or 
under  execution  in  favor  of  the  City  and  County;  but  the  amount 
bid  on  such  purchase  shall  not  exceed  the  amount  of  judgment 
and  costs. 

Mayor's  Contingent  Fund. 

35.  The  Supervisors  must  appropriate  annually  to  the  Mayor 
thirty-six  hundred  dollars  as  and  for  a  contingent  fund,  for  which 
he  need  furnish  no  vouchers. 

To  Aid  Indigent  and  Exempt  Firemen. 

36.  To  allow  not  to  exceed  the  sum  of  five  thousand  dollars  a 
year  for  the  relief  of  aged,  indigent  and  infirm  exempt  firemen 
who  served  in  the  Volunteer  Fire  Department  between  the  years 
1850  and  1866. — As  amended  December  4,  1902;  approved  by  the 
Legislature  February  5,  1903  (Statutes  1903,  page  586). 

Giving  Permit  to  Panama-Pacific  International  Exposition. 

37.  The  Board  of  Supervisors  shall  pass  such  ordinances  gov- 
erning the  use  and  closing  of  streets,  the  erection,  use,  alteration, 
demolition  and  control  of  buildings  and  structures  of  every  nature 


Article  II,  Chapter  II,  Legislative  Department.  13 

and  description;  the  installation,  nse  and  control  of  plumbing, 
water,  gas,  steam,  sewerage  and  other  pipes  and  instrumentalities ; 
the  use  and  control  of  electric  light,  power,  and  other  wires,  con- 
duits, generating,  transmitting  and  other  apparatus;  the  erection 
and  maintenance  of  steam  boilers,  steam,  gas,  and  other  engines 
and  apparatus ;  the  maintenance  and  control  of  fire  and  police 
protection,  and  governing  any  and  every  other  matter  necessary, 
proper  or  expedient  for  the  safety,  convenience  and  welfare  of  the 
public  within  that  portion  of  the  City  and  County  of  San  Fran- 
cisco which  has  been  or  may  be  selected  as  the  site  for  the  holding 
of  the  Panama-Pacific  International  Exposition.  The  provisions 
hereof,  and  the  ordinances  adopted  hereunder,  shall  supersede  all 
conflicting  provisions  of  this  Charter,  and  all  conflicting  provisions 
of  any  ordinance  heretofore  passed,  so  far  as  the  same  apply  to 
the  site  herein  specified,  until  the  first  day  of  January,  1917 ; 
provided,  that  no  ordinance  passed  by  virtue  of  any  provision 
herein  contained  shall  be  operative  outside  of  the  limits  of  the  site 
hereinabove  specified. — New  subdivision  added  hy  amendment  De- 
cember 10,  1912,  approved  hy  the  Legislature  March  28,  1913 
(Statutes,  1913,  page  1602). 

Bureau  of  Supplies. 

38.  To  provide  for  and  regulate  the  purchase,  storage  and 
distribution  of  all  supplies  for  the  various  offices  and  departments, 
and  may  provide  for  the  establishment  of  a  Bureau  of  Supplies, 
and  the  employment  of  a  Chief  of  such  bureau,  with  necessary 
employees  and  salaries  therefor.  The  Bureau  so  established  may 
furnish  all  supplies  and  materials  required  by  any  officer  or  depart- 
ment of  the  City  and  County. — New  subdivision,  added  by  amend- 
ment December  10,  1912,  approved  by  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 

Form  of  Demands. 

39.  To  prescribe  the  forms  in  which  demands  against  the 
treasury  shall  be  made  and  presented,  and  the  forms  in  which  war- 
rants shall  be  drawn  by  the  Auditor  and  delivered  for  the  payment 
thereof. — New  subdivision  added  by  amendment  December  10, 
1912,  approved  by  the  Legislature  March  28,  1913  (Statutes,  1913, 
page  1602). 

Uniform  System  of  Accounting. 

40.  To  prescribe  a  uniform  system  of  accounting  for  the  various 
offices  and  departments. — New  subdivision  added  by  amendment 
December  10,  1912,  approved  by  the  Legislature  March  28,  1913 
(Statutes,  1913,  page  1602). 

Records,  Documents  and  Files. 

41.  To  prescribe  forms,  methods  and  facilities  for  keeping  the 
records,  documents  and  files  in  any  office  or  department  of  the 


14  i'lunier  of  the  City  and  County  of  San  Francisco. 

City  and  County,  unless  otherwise  provided  by  general  laws. — New 
subilivision  adilfd  by  amendment  December  10,  1912,  approved 
by  the  Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

Planning  Commission. 

42.  To  provide  by  ordinance  for  the  establishment  of  a  City 
Plannini::  Commission,  which  shall  devise  plans  for  the  improve- 
ment and  beautifieation  of  San  Francisco.  Members  of  said  Plan- 
ning Commission  shall  receive  no  compensation  and  shall  not  be 
subject  to  any  prohibition  forbidding  officials  from  holding  more 
than  one  oflRce  or  position.  The  Board  of  Supervisors  shall  pre- 
scribe the  duties  of  said  Commission,  the  number  and  qualifica- 
tions of  the  members  thereof,  and  in  general  shall  enact  all  legisla- 
tion not  expressly  forbidden  by  this  Charter  or  by  general  law 
necessary  or  incident  to  carrying  into  execution  the  propositions  for 
which  said  City  Planning  Commission  is  instituted. — New  subdi- 
vision added  by  amendment  December  10,  1912,  approved  by  the 
Legislature  March  28, 1913  (Statutes,  1913,  page  1602). 

Equalization  Board. 

Sec.  2,     The  Supervisors  shall  constitute  the  Board  of  Equali 
zation  of  the  City  and  Count.y.     The  Clerk  of  the   Supervisors 
shall  be  Clerk  of  the  Board  of  Equalization  by  virtue  of  his  office. 

Finance  Committee:      Duties  and   Powers. 

Sec.  3.  The  Board  of  Supervisors  shall  appoint  from  its  mem- 
bers a  committee  consisting  of  three  to  be  denominated  Finance 
Committee,  and  shall  fill  all  vacancies  in  the  Committee.  The 
Committee  shall  investigate  the  transactions  and  accounts  of  all 
officers  having  the  collection,  custody  or  disbursement  of  public 
money,  or  having  the  power  to  approve,  allow,  or  audit  demands 
on  the  treasury;  shall  have  free  access  to  any  records,  books  and 
papers  in  all  public  offices;  shall  have  power  to  administer  oaths 
and  affirmations,  and  to  examine  witnesses,  and  compel  their  at- 
tendance before  them  by  subpoena.  The  Committee  may  at  any 
time  visit  any  of  the  public  offices  and  make  its  examinations  and 
investigations  therein  without  hindrance. 

The  Committee  must,  at  least  once  in  every  six  months,  exam- 
ine the  official  bonds  of  all  City  and  County  officers,  and  inves- 
tigate the  sufficiency  and  solvency  of  the  sureties  thereon,  and 
report  in  writing  the  facts  to  the  Mayor,  Such  report  shall 
specify  each  bond  with  the  sureties,  and  the  amounts  for  which 
each  surety  is  bound,  and  state  whether  or  not  they  are  sufficient 
and  solvent.  Upon  such  report  the  Mayor  shall  take  such  action 
as  shall  be  necessary  to  protect  the  City  and  County,  and  may 
require  new  bonds  when  necessary,  and  he  may  suspend  any 
officer  till  a  sufficient  bond  is  filed  and  approved. 


Article  II,  Chapter  II,  Legislative  Department.  15 

Expert  Books  of  Quasi-Public  Corporations.     Misdemeanors  in  Office. 

Sec.  4.  The  Finance  Committee  shall  have  power,  and  it  shall 
be  its  duty  to  examine  the  records  and  examine  and  expert  the 
books  of  account  of  all  persons,  companies  or  corporations  that 
are  required  to  pay  a  portion  of  their  gross  receipts  into  the  treas- 
ury; and  shall  likewise,  as  an  aid  to  the  fixing  of  rates  for  fur- 
nishing water  and  light  to  the  City  and  County  and  to  the  inhab- 
itants thereof,  have  like  power,  and  it  shall  be  its  duty,  to  examine 
the  records  and  examine  and  expert  the  books  of  account  of  any 
and  all  persons,  companies  or  corporations  so  furnishing  water 
or  light. 

In  the  exercise  of  its  functions,  the  concurrence  of  two  mem- 
bers of  the  Committee  shall  be  deemed  sufficient.  The  Committee 
shall  keep  a  record  of  its  proceedings  with  the  names  of  the  wit- 
nesses examined  and  a  substantial  statement  of  the  evidence  taken. 
If,  from  the  examination  made  by  the  Committee,  it  shall  appear 
that  a  misdemeanor  in  office,  or  a  defalcation,  has  been  committed 
by  an  officer,  the  Committee  shall  immediately  report  to  the  IMayor, 
who,  if  he  approve  the  report,  shall  take  such  proceedings  against 
such  officer  as  are  authorized  by  law,  and  may  suspend  him  pend- 
ing such  proceedings.  Any  police  officer  shall  execute  the  process 
and  orders  of  the  Committee. 

No  Exclusive  Franchise. 

Sec.  5.  No  exclusive  franchise  or  privilege  shall  be  granted 
for  laying  pipes,  wires  or  conduits. 

Street  Railway  Franchises:      Method  of  Granting. 

Sec.  6.  The  Board  of  Supervisors  shall  have  power  to  grant 
authority  for  a  term  not  exceeding  twenty-five  years  to  construct 
and  operate  street  railways  upon,  or  over,  or  under,  the  streets 
or  parts  of  streets  of  tlie  City  and  County  not  reserved  for  boule- 
vards or  carriage  driveways,  upon  the  following  conditions  and 
in  the  following  manner  and  none  other : 

Upon  application  being  made  to  the  Board  for  any  such  fran- 
chise, it  shall  by  resolution  determine  whether  such  franchise  or 
any  part  thereof  should  be  granted,  and  at  said  time  shall  deter- 
riiine  on  wliat  conditions  tlie  same  shall  be  granted  additional  to 
those  conditions  provided  in  this  Chapter.  After  such  dctcrniina- 
tion,  it  shall  cause  notice  of  such  application  and  resolution  to  be 
advertised  in  the  official  newspaper  of  the  City  and  County  for  ten 
consecutive  days.  Such  advertisement  must  be  completed  not  less 
than  twenty  nor  more  than  thirty  days  bd'orc  any  further  action 
is  taken  by  the  Board  on  such  ai)pIication.  The  advertisement 
nmst  state  the  character  of  the  franchise  sought,  the  term  of  its 
proposed  continuance,  and  the  route  to  be  traversed;  that  sealed 
bids  will  be  received  up  to  a  certain  hour  on  a  day  to  be  namc>l 
in  the  advertisement;  and  a  further  statement  that  no  bids  will 
be  received  of  a  stated  amount,  but  that  all  bids  must  be  for  the 


1()  Charter  of  the  City  and  County  of  San  Francisco. 

payment  to  the  City  and  County  in  lawful  money  of  the  United 
States  of  a  stated  percentaije  of  the  pross  annual  receipts  of  the 
porson.  company  or  corporation  to  whom  the  franchise  may  be 
awarded,  arising  from  its  use,  operation,  enjoyment  or  possession. 

Every  bidder  shall  file  with  his  bid  a  bond  executed  to  the  City 
and  County,  with  at  least  two  good  and  suilficient  sureties  to  be 
approved  by  the  INFayor  in  a  penal  sum  prescribed  by  the  Super- 
visors, and  set  forth  in  such  advertisement,  conditioned  that  such 
bidder  will  well  and  truly  observe,  fulfill  and  perform  each  and  all 
of  the  conditions,  terms  and  obligations  of  the  franchise  for  which 
said  application  was  made  in  case  the  same  shall  be  awarded  to 
him,  and  that  in  case  of  the  breach  of  any  of  the  conditions  of 
such  bond,  the  whole  amount  of  the  penal  sum  therein  named 
shall  be  taken  to  be  liquidated  damages,  and  that  as  such  shall  be 
recoverable  from  the  principal  and  sureties  on  such  bond. 

At  the  next  regular  session  after  the  expiration  of  the  time 
stated  in  such  advertisement  up  to  which  such  bids  will  be  re- 
ceived, the  Board  must  open  such  bids  and  award  the  franchise 
to  the  person,  company  or  corporation  offering  to  pay  the  highest 
stated  percentage  of  the  gross  receipts  arising  from  the  use,  oper- 
ation, possession  or  enjoyment  of  the  franchise  for  which  such 
application  was  made.  But  no  award  shall  be  made,  nor  any  such 
application  granted,  unless  the  stated  percentage  offered  to  be 
paid  for  the  franchise  shall  be  at  least  three  per  centum  of  such 
gross  receipts  during  the  first  five  years  of  the  period  for  which 
the  franchise  is  to  be  granted,  four  per  centum  of  the  gross  receipts 
during  the  next  succeeding  ten  years,  and  five  per  centum  of  the 
gross  receipts  during  the  next  succeeding  ten  years. 

Except  as  in  this  section  otherwise  provided,  bidding  for  such 
franchises  must  be  in  accordance  with  the  provisions  of  this 
Charter  in  relation  to  bids  made  to  the  Board  of  Public  Works, 
so  far  as  such  provisions  may  be  applicable.  The  Supervisors 
may  reject  any  and  all  bids,  and  may  refuse  to  grant  a  franchise 
for  any  part  of  the  route  for  which  application  was  made.  Every 
ordinance  making  such  grant  shall  require  the  concurrence  of 
three-fourths  of  all  the  members  of  the  Board  of  Supervisors,  as 
shown  by  the  ayes  and  noes,  and  the  approval  of  the  Mayor,  and 
at  least  ninety  days  shall  intervene  between  the  introduction  and 
final  passage  of  any  such  ordinance.  It  shall  require  a  vote  of 
five-sixths  of  all  the  Supervisors  to  pass  the  ordinance  notwith- 
standing the  objections  of  the  Mayor. 

If  any  bid  be  accepted,  the  franchise  must  be  granted  upon  the 
express  condition,  in  addition  to  the  conditions  required  by  this 
Charter,  and  such  other  conditions  as  may  be  prescribed  by  the 
Supervisors,  that  the  per  centum  of  the  gross  receipts  of  the  rail- 
way shall  be  paid  into  the  treasury  on  or  before  the  tenth  day  of 
tlie  next  ensuing  month  after  such  gross  receipts  shall  have  been 
earned;  and  upon  the  further  condition  that  the  whole  of  the  rail- 


Article  II,  Chapter  II,  Legislative  Department.  17 

way  shall  be  continuously  operated,  and  that  at  the  end  of  the 
term  the  road-track  and  bed  of  such  railway  and  all  its  stationary 
fixtures  upon  the  public  streets,  shall  become  the  property  of  the 
City  and  County;  and  that  the  grantees  will,  within  one  hundred 
days  after  the  date  of  such  grant,  commence  the  construction  of 
such  railway,  and  continuously  thereafter,  in  each  and  every 
month  until  the  completion  thereof,  expend  in  such  construction 
at  least  the  sum  of  three  thousand  dollars. 

The  failure  to  comply  with  any  of  said  conditions  shall  work 
an  immediate  forfeiture  of  such  franchise  and  the  road  or  track 
constructed  thereunder.  There  shall  lie  no  power  in  the  Super- 
visors to  relieve  from  such  forfeiture  or  from  any  of  said  condi- 
tions. On  or  before  the  tenth  day  of  each  month  after  said  re- 
ceipts shall  have  been  earned,  the  President  and  Secretary  of  said 
railway  company  shall  make  and  file  with  the  Clerk  of  the  Board 
of  Supervisors  a  sworn  statement  of  the  gross  receipts  of  such 
railway  for  the  preceding  month. 

In  granting  any  such  franchise  the  Board  of  Supervisors  shall 
impose  such  other  lawful  conditions  as  it  may  deem  advisable. 
and  must  expressly  provide  that  the  franchise  shall  not  be  re- 
newed or  regranted,  and  that  the  Board  shall  at  all  times  have  the 
power  to  regulate  the  rates  of  fare  to  be  charged  by  those  using, 
operating,  possessing  or  enjoying  the  franchise,  and  that  the 
Finance  Committee  of  the  Board  shall  at  all  times  be  permitted 
to  examine  and  expert  their  books  as  to  such  gross  receipts.  All 
moneys  received  for  such  franchises  and  in  payment  of  the  said 
per  centum  shall  be  credited  to  the  General  Fund, 

Electric    Power    and    Lighting    Franchises.      Conditions    and    Manner    of 
Granting  Same. 

Sec.  7.  The  Supervisors  shall  have  no  power  to  grant  fran- 
chises or  privileges  to  erect  poles  or  wires  for  transmitting  elec- 
tric power  or  for  lightiiitr  purposes  along  or  upon  any  public 
street  or  highway  of  the  Cily  and  County  except  upon  all  the  con- 
ditions and  in  the  manner,  including  competitive  bidding  and  pay- 
ment of  a  percentage  of  gross  receipts,  hereinbefore  set  out,  and 
upon  the  further  condition  that  the  Board  shall  at  all  times  have 
the  right  to  regulate  the  charges  of  any  person,  company  or  cor- 
poration using,  enjoying  or  possessing  such  franchisee  or  privilege. 

When,  on  the  expiration  of  any  street  railroad  franchise,  it 
shall  be  deemed  inexpedient  by  the  Board  to  nso.  any  of  the  proji- 
erty  reverting  to  it  by  reason  of  such  expiration  in  the  operation 
of  a  street  railroad,  then  the  Board  shall  have  power  to  lease  such 
property  to  any  person,  company  or  corporation  after  the  notice, 
on  the  terms,  and  in  the  manner  above  provided  as  to  the  granting 
of  street  railroad  franchises,  as  far  as  the  same  may  be  applicable 
But  no  ordiri.'incf'  nntliori/ing  such  lease  shall  be  passed  jirior  to 
ninety  days  next  preceding  the  expiration  of  such  franchi.se. 


IS  Charier  of  the  City  and  County  of  San  Francisco. 

Any  ordinance  grranting  a  franchise  or  authorizing  a  lease  under 
the  provisicnis  of  tliis  section  sliall  he  in  force  from  and  after  the 
expiration  of  thirty  days  from  the  date  of  its  signature  hy  tlu; 
Mayor,  or  from  and  after  tlic  expiration  of  thirty  days  from  the 
date  of  its  passage  hy  the  Supervisors  over  his  objections,  unless 
within  said  thirty  days  a  petition  signed  by  a  number  of  the 
electors  of  the  City  and  County  equal  to  fifteen  per  centum  of 
the  votes  cast  at  the  last  preceding  election,  shall  have  been  filed 
with  tlie  Supervisors,  asking  that  said  ordinance  be  submitted 
to  the  vote  of  the  people.  In  such  case  said  ordinance  shall  be 
submitted  at  the  next  election  to  the  vote  of  the  electors  of  the 
City  and  County,  and  unless  said  ordinance  shall  at  said  election 
receive  in  its  favor  a  majority  of  the  votes  cast  thereon  it  shall 
have  no  force  or  effect  for  any  purpose.  If  a  majority  of  the 
votes  be  in  favor  of  such  ordinance,  the  Board  of  Election  Com- 
missioners shall,  on  the  conclusion  of  the  canvass  of  the  vote 
thereon,  proclaim  such  fact,  and  upon  such  proclamation  said 
ordinance  shall  have  full  force  and  effect  as  of  the  date  afore- 
said. Said  petition  and  submission  shall  be  made  in  accordance 
with  the  provisions  of  section  twenty  of  Chapter  I  of  this  Article. 

[Note — For  further  conditions  relating  to  franchises  see  Sec- 
tions 7a,  7b,  7c,  Chapter  II,  Article  III.] 

Claims  for  Damages  Against  the  City. 

Sec.  8.  All  claims  for  damages  against  the  City  and  County 
must  be  presented  to  the  Board  of  Supervisors  and  filed  with  the 
Clerk  within  six  months  after  the  occurrence  from  which  the 
damages  are  claimed  to  have  arisen;  otherwise  there  shall  be  no 
recovery  on  any  such  claim. 

Sales  of  Certain  Lands  and  Procedure  Therefor. 

Sec.  9.  The  City  and  County  of  San  Francisco  shall  have 
power  to  sell  all  lands  owned  by  the  City  and  County  between 
Ninth  street  and  Eighteenth  street,  lying  in  what  was  formerly 
]\Iission  Creek,  and  any  and  all  lands  that  may  be  hereafter  ac- 
quired, excepting  lands  for  parks,  squares  and  children's  play- 
grounds, and  the  Board  of  Supervisors  of  said  City  and  County 
may  by  ordinance  determine  that  the  public  interest  or  necessity 
demands  the  sale  of  such  lands  so  owned  or  held  by  the  City  and 
County. 

Such  ordinance  must  describe  the  lands  to  be  sold,  and  the 
terms  of  sale,  which  must  be  for  cash  in  United  States  gold  coin. 
The  land  may  be  sold  in  one  parcel  or  in  subdivisions,  as  the 
Supervisors  may,  in  such  ordinance,  determine,  and  sales  shall 
be  made  by  the  Mayor,  as  hereinafter  provided. 

Every  such  sale  must  be  at  public  auction,  unless  the  Super- 
visors shall,  in  and  by  such  ordinance,  determine  that  all  or  a  por- 
tion of  such  lands  shall  be  sold  at  private  sale. 


Article  II,  Chapter  II,  Legislative  Department.  19 

When  a  sale  at  public  auction  is  to  be  had,  the  Clerk  of  the 
Board  of  Supervisors  must  give  notice  thereof  by  publishing  the 
same  in  the  official  newspaper,  and  one  other  daily  newspaper 
published  in  the  City  and  County,  at  least  three  weeks  succes- 
sively next  before  the  sale,  which  said  notice  shall  describe  the 
lands  to  be  sold,  with  common  certainty. 

Such  sales  at  public  auction  must  be  made  in  the  City  and 
County,  and  must  be  between  the  hours  of  9  o'clock  in  the  morn- 
ing and  5  o'clock  in  the  afternoon,  and  must  be  made  on  the  day 
named  in  the  notice  of  sale,  unless  the  same  is  postponed. 

When  it  shall  have  been  determined  by  the  Supervisors,  as 
hereinbefore  provided,  that  the  sale  of  such  lands  shall  be  at  pri- 
vate sale,  a  notice  shall  be  published  in  the  official  newspaper 
and  one  other  daily  newspaper  published  in  the  City  and  County, 
for  two  weeks  successively  next  before  the  day  on  or  after  which 
the  sale  is  to  be  made,  and  the  land  and  tenements  to  be  sold  must 
be  described  therein  wuth  common  certainty.  The  notice  must  state 
a  day  on  or  after  which  the  sale  will  be  made,  and  must  state 
that  all  bids  or  offers  will  be  received  by  the  Mayor  of  the  City 
and  County,  at  his  office.  The  day  last  referred  to  must  be  at 
least  fifteen  days  from  the  first  publication  of  notice ;  and  the  sale 
must  not  be  made  before  that  day,  but  must  be  made  within  six 
months  thereafter.  The  bids  or  offers  must  be  in  writing,  and 
must  be  filed  with  the  Mayor,  at  his  office. 

No  sale  of  real  estate  at  private  sale  shall  be  confirmed  by  the 
Supervisors  as  hereinafter  provided,  unless  the  sum  offered  shall 
be  at  least  90  per  cent  of  the  appraised  value  thereof,  to  be  fixed 
and  determined  as  next  hereafter  provided. 

An  appraisement  of  such  lands  shall  be  made  and  filed  with 
the  Supervisors,  within  three  weeks  after  the  final  passage  of  the 
ordinance  hereinbefore  mentioned,  by  the  Mayor,  the  Assessor, 
and  the  chairman  of  the  Finance  Committee  of  the  Supervisors, 
who  are  hereby  constituted  a  board  of  appraisement  for  such  pur- 
pose. 

When  a  sale  shall  have  been  made  by  the  Mayor,  at  public  auc- 
tion or  at  private  sale,  as  hereinbefore  provided,  lie  shall  require 
from  the  person  to  whom  the  property  is  sold  a  deposit  amount- 
ing to  10  per  cent  of  the  sum  bid.  He  shall  immediately  there- 
after, at  the  next  meeting  of  the  Supervisors,  report  the  fact  of 
such  sale  to  the  Supervisors,  with  a  statement  of  the  sum  bid,  and 
the  name  of  the  bidder,  with  a  request  that  the  Board  confirm 
such  sale. 

The  Clerk  of  the  Supervisors  shall  immediately  thereupon  give 
notice  by  publication  in  the  official  newspaper,  and  one  otlier 
daily  newspaper  publislied  in  the  City  and  County,  that  at  a  meet- 
ing of  the  Supervisors,  to  be  held  not  loss  than  twenty,  nor  more 
than  thirty  days,  from  the  first  pul)lication  of  siieh  notice,  that 
such  sale  has  been  made,  the  amount  for  which  the  property  has 


20  Charter  of  the  City  and  County  of  San  Francisco. 

been  sold,  and  the  name  of  the  purchaser.  Such  notice  shall  also 
contain  a  statement  tliat  at  such  meeting,  if  an  offer  of  10  per  cent 
more  in  amount  than  that  named  in  said  notice  shall  be  made  to 
the  Super\nsors,  in  writing,  by  a  responsible  person,  the  Super- 
visors will  confirm  such  sale  to  such  person,  or  order  a  new  sale, 
as  hereinafter  provided. 

At  such  meeting,  if  it  appears  to  the  Supervisors  that  the  sum 
bid  is  not  disproportionate  to  the  value  of  the  property  sold,  and 
that  a  greater  sum  cannot  be  obtained,  or  if  an  increased  bid,  as 
hereinbefore  mentioned,  be  made  and  accepted  the  Board  of  Su- 
pervisors may,  by  an  ordinance,  passed  by  an  affirmative  vote,  of 
at  least  fifteen  of  its  members,  confirm  such  sale,  and  direct  con- 
veyances to  be  executed  by  the  Mayor.  A  certified  copy  of  such 
ordinance  shall  be  recorded  in  the  County  Recorder's  office  in  the 
County  in  which  the  property  is  situated. 

The  Board  of  Supervisors  may,  in  its  discretion,  confirm  or  re- 
fuse to  confirm  any  sale. 

In  the  event  of  the  refusal  of  the  Board  of  Supervisors  to  con- 
firm the  sale  all  proceedings  taken  as  hereinbefore  provided,  for 
the  sale  of  the  lands  shall  be  void  and  of  no  effect. 

If  the  sale  is  confirmed  by  the  Board  of  Supervisors,  convey- 
ances must  thereupon  be  made  by  the  Mayor  to  the  person  to 
whom  the  sale  shall  have  been  so  confirmed,  and  shall  be  deliv- 
ered to  him  upon  payment  of  the  balance  of  the  purchase  price. 
Such  conveyances  shall  be  in  the  name  of  the  City  and  County, 
and  shall  be  effective  to  convey  all  the  right,  title  and  interest  of 
the  City  and  County  in  and  to  the  lands  therein  described,  to  the 
grantee  therein  named. — New  section  added  hy  amendment, 
adopted  November  5,  1907 ;  approved  hy  the  Legislature  November 
23,  1907  (Statutes  Special  Session,  1907,  page  39). 

Civic  Center  and  Sale  of  Relief  Home  Property. 

Sec.  10.  The  Board  of  Supervisors  may  acquire  land  in  the 
district  bounded  by  Market  street.  Golden  Gate  avenue  and  Frank- 
lin street,  for  the  purpose  of  establishing  a  Civic  Center,  and  when 
it  appears  to  the  advantage  of  the  City  and  County  so  to  do  it 
may  acquire  land  in  excess  of  the  actual  requirements,  and  may 
dispose  of  any  such  excess  in  exchange  for  other  lands  within  such 
district  or  for  the  purpose  of  acquiring  additional  lands  or  for  the 
erection  of  structures  thereon.  It  may  convey  to  the  State  of 
California  a  parcel  of  land  in  such  district  for  the  purpose  of  the 
erection  of  a  state  building  thereon  and  in  consideration  therefor 
may  receive  from  the  State  any  parcel  of  land  in  such  district  now 
owned  by  the  State ;  and  with  the  consent  of  the  Board  of  Trustees 
of  the  Public  Library  and  reading  rooms  it  may  exchange  parcels 
of  land  with  the  said  Board  of  Trustees,  and  upon  such  exchange 
said  Board  of  Trustees  is  hereby  authorized  to  relinquish  control 
of  such  land  as  may  have  been  heretofore  set  apart  for  its  use.    It 


Article  II,  Chapter  III,  Legislative  Department.  21 

may  authorize  the  erection  of  an  auditorium  by  the  Panama-Pacific 
International  Exposition  Company,  or  of  an  opera  house,  museum, 
or  other  structure,  provided  the  ownership  of  such  structure  shall 
always  be  vested  in  the  municipality. 

The  Board  of  Supervisors,  in  the  manner  provided  in  the  pre- 
ceding section,  may  sell  a  portion  of  the  Relief  Home  tract  not 
adapted  to  public  use,  being  a  portion  of  the  Riincho  San  IMiguel 
and  generally  described  as  lying  southerly  and  westerly  from  the 
lands  of  the  Spring  Valley  Water  Company.  The  proceeds  arising 
from  such  sale  shall  be  used  exclusively  for  the  purchase  of  other 
lands  adjoining  such  Relief  Home  tract. — New  section  added  by 
amendment  December  10,  1912;  approved  by  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 

CHAPTER  III. 

CONTRACTS. 
Manner  of  Purchasing  Supplies  and  Awarding  of  Contracts. 

Section  1.  All  contracts  for  goods,  merchandise,  stores,  sup- 
plies, subsistence  or  printing  for  the  City  and  County,  as  well  as 
for  all  subsistence,  supplies,  drugs  and  other  necessary  articles 
for  hospitals,  prisons,  public  institutions  and  other  departments 
not  otherwise  specifically  provided  for  in  this  Charter,  must  be 
made  by  the  Supervisors,  with  the  lowest  bidder  offering  adequate 
security,  after  publication  for  not  less  than  ten  days  in  the  official 
newspaper;  and  no  purchase  thereof  or  liability  therefor  shall  be 
made  or  created  except  by  contract. 

Except  as  otherwise  provided  in  this  Charter,  the  Board  must 
determine  annually  what  goods,  merchandise,  stores,  supplies, 
drugs,  subsistence  and  other  necessary  articles  will  be  needed  by 
the  City  and  County  for  the  ensuing  year,  and  it  shall  have  no 
power  to  purchase  or  to  pay  for  the  same  unless  the  provisions 
in  this  Charter  provided  as  to  competitive  bidding  for  supplies 
are  strictly  followed,  and  no  contract  shall  be  made  for  any  of 
the  same  unless  upon  such  competitive  bidding. 

All  proposals  shall  be  accompanied  with  a  certificate  of  deposit 
or  certified  check  on  a  solvent  bank  in  the  City  and  County  of  ten 
per  centum  of  the  amount  of  the  bid,  payal)]e  at  sight  to  the  order 
of  the  (Jh^rk  of  the  Supervisors.  If  the  bidder  to  whom  the  con- 
tract is  awarded  shall  for  five  days  after  such  award  fail  or  neglect 
to  enter  into  the  contract  and  file  the  required  bond,  the  (Merk 
sliall  draw  the  money  due  on  su(!h  ccrli(i(fate  of  deposit  or  check 
and  pay  the  same  into  the  treasury;  and  under  no  circumstances 
shall  the  certificate  of  deposit  or  check  or  the  proceeds  thereof  be 
returned  to  such  defaulting  bidder. 

Notices  for  proposals  for  furnishing  the  aforesaid  articles  shall 
mention  said  articles  in  general  and  sliall  state  that  tlu;  conditions 
and  schedule  may  be  found  in  tlic  office  of  tiu^  Clerk  of  the 
Board  of  Supervisors;  and  shall  also  state  that  such  articles  are 


22  Charter  of  the  City  and  County  of  San  Francisco. 

to  be  delivered  at  such  times,  in  such  quantities,  and  in  such 
manner,  as  the  Supervisors  may  desiprnate.  Any  bidder  may  bid 
separately  for  any  article  named.  The  award  as  to  each  article, 
shall  in  all  oases  be  made  to  the  lowest  bidder  for  such  article, 
and  where  a  bid  embraces  more  than  one  article,  the  Supervisors 
shall  have  the  rijjht  to  accept  or  reject  such  bid  or  the  bid  for 
any  one  or  more  articles  embraced  therein.  In  the  case  of  con- 
tracts for  subsistence  of  prisoners,  the  advertisement  for  pro- 
posals shall  specify  each  article  required,  the  quality  thereof,  the 
quantity  for  each  person,  and  the  existing  and  probable  number 
of  persons  to  be  supplied.  No  article  or  articles  provided  for  in 
this  section  shall  have  been  made  in  any  prison.  The  Supervisors 
shall  require  bonds  with  sufficient  sureties  for  the  faithful  per- 
formance of  every  contract.  The  Clerk  of  the  Supervisors  shall 
furnish  printed  blanks  for  all  such  proposals,  contracts  and  bonds. 
All  bids  shall  be  sealed  and  delivered  by  the  bidder  to  the 
Clerk  of  the  Supervisors,  and  opened  by  the  Board  at  an  hour 
and  place  to  be  stated  in  the  advertisement  for  proposals,  in  the 
presence  of  all  bidders  who  attend,  and  the  bidders  may  inspect 
the  bids.  All  bids  with  alterations  or  erasures  therein  shall  be 
rejected.  All  articles  so  supplied  shall  be  subject  to  inspection 
and  rejection  by  the  Supervisors  and  by  the  person  in  charge  of 
the  office,  institution  or  department  for  which  the  same  are  sup- 
plied. Every  contract  for  work  to  be  performed  for  the  City  and 
County  must  provide  that  in  the  performance  of  the  contract 
eight  hours  shall  be  the  maximum  hours  of  labor  on  any  calendar 
day,  and  that  the  minimum  wages  of  laborers  employed  by  the 
contractor  in  the  execution  of  his  contract  shall  be  three  dollars 
a  day.  Any  contract  for  work  to  be  performed  for  the  City  and 
County  which  does  not  comply  with  the  provisions  of  this  section 
shall  be  null  and  void,  and  any  officer  who  shall  sign  the  same 
shall  be  deemed  guilty  of  misfeasance  and  upon  proof  of  such 
misfeasance  shall  be  removed  from  office.— J-s  amended  November 
15,  1910;  approved  hy  the  Legislature  February  17,  1911  (Statutes, 
1911,  page  1661). 

Contracts  for  Official   Advertising. 

Sec.  2.  All  contracts  for  official  advertising  shall  be  let  an- 
nually in  like  manner  by  the  Supervisors  to  the  lowest  responsible 
bidder  publishing  a  daily  newspaper  in  the  City  and  County, 
which  has  a  bona  fide  daily  circulation  of  at  least  eight  thousand 
copies,  and  has  been  in  existence  at  the  time  of  letting  such  con- 
tract for  at  least  two  years.  In  inviting  proposals  therefor,  such 
advertising  shall  not  be  classified  and  no  proposal  shall  be  acted 
upon  which  offers  to  do  such  advertising  at  different  rates  for 
different  portions  thereof. 

Such  advertising  shall  be  construed  to  mean  the  advertising 
and  publication  of  all  official   reports,   orders,   ordinances,   mes- 


Article  II,  Chapter  III,  Legislative  Department.  23 

sages,  resolutions,  notices  inviting  proposals  and  all  notices  of 
every  nature  relating  to  city  work.  No  part  or  kind  of  such  ad- 
vertising shall  be  charged  or  contracted  for  at  a  higher  rate  than 
any  other  part  or  kind  of  the  same  is  charged  or  contracted  for, 
except  in  the  case  of  the  delinquent  tax  list. 

The  newspaper  to  which  the  award  of  such  advertising  is  made 
shall  be  known  and  designated  as  the  "official  newspaper." 

The  advertising  of  the  delinquent  tax  list  shall  be  let  to  the 
lowest  responsible  bidder  on  a  separate  bidding  from  all  other 
official  advertising. 

No  board,  department  or  officer  shall  make  any  publication  which 
is  not  expressly  authorized  by  this  Charter  or  by  the  Supervisors. 

stationery    Supplies. 

Sec.  3.  The  Clerk  of  the  Supervisors  shall  annually,  under  the 
direction  of  the  Supervisors,  advertise  for  proposals  for  supply- 
ing the  various  departments,  officers  and  offices  of  the  City  and 
County  with  all  stationery  and  supplies  in  the  nature  of  station- 
ery, assessment  books,  minute  books,  blank  books  and  the  print- 
ing of  blanks.  The  contracts  for  stationery  shall  be  separate  from 
those  for  printing. 

Notice  for  proposals  for  supplies  shall  require  a  greater  or  less 
quantity  to  be  delivered  at  such  times  and  in  such  manner  as  the 
Supervisors  may  designate.  The  advertisement  for  bids  for  paper 
shall  state  the  weight,  quality  and  size  of  the  various  kinds  re- 
quired, and  that  for  printing  shall  enumerate  the  various  letter 
heads,  tax  bills,  tax  receipts,  court  notices,  and  all  blanks,  papers 
and  documents  now  used  or  hereafter  required  in  any  and  all 
departments  of  the  City  and  County,  including  the  forms,  papers 
and  blanks  now  used  or  hereafter  required  by  the  courts  of  the 
City  and  County. 

The   forms   for   all    printing   shall    be   consecutively   numbered, 

and  each  form  and  blank  shall  be  known  as  No. (specifying 

the  number).  Such  advertisement  shall  be  published  for  at  least 
ten  days,  and  shall  require  the  bidders  to  state  the  price  at  which 
each  article  will  be  furnished,  printed  or  manufactured,  as  the 
same  may  be  required  from  time  to  time  during  such  period,  and 
the  amount  «f  the  bond  that  will  be  required  as  security  for  the 
performance  of  the  contract. 

No  stationery  furnished  to  any  officer  or  department  shall  con- 
tain the  name  or  names  of  the  officer  or  officers  constituting  tlie 
head  of  the  department  or  board.  The  contract  or  contracts  must 
be  made  with  the  lowest  bidder  offering  adequate  security,  quan- 
tity and  quality  })eing  eonsidered.  The  (Merk  of  the  Supervisors 
shall  have  rooms  in  th(!  ('ily  Hall  for  the;  custody  of  such  stationery, 
nnd  when  purchased  tlie  same  shall  be  delivered  to  him,  and  he 
shall  issue  and  distribute  the  same  to  the  various  departments  as 
required. 

lie  shall  keep  accounts  in  detail,  charging  himself  with  all  goods 


24  Charter  of  the  City  and  County  of  San  Francisco. 

received,  and  crediting  himself  with  the  goods  delivered  upon 
order  or  requisition  as  hereinafter  provided.  When  any  of  such 
supplies  are  required  for  any  department,  the  Clerk  of  the  Super- 
visors shall  issue  the  same  after  the  requisition  for  such  articles 
has  heen  made  by  the  head  of  such  department  and  approved  by 
the  Mayor. 

All  requisitions  for  printing  shall  be  made  in  a  similar  manner. 
The  Clerk  shall  report  monthly  in  writing  to  the  Supervisors  in 
detail,  the  amount  of  all  paper,  blanks,  books,  stationery  and  print- 
ing ordered  by  and  delivered  to  any  department  or  officer. 

Collusion  With  Bidder  Constitutes  Misfeasance. 

See.  4.  Any  officer  of  the  City  and  County,  or  of  any  depart- 
ment thereof,  who  shall  aid  or  assist  a  bidder  in  securing  a  con- 
tract to  furnish  labor,  material  or  supplies,  at  a  higher  price  or 
rate  than  that  proposed  by  any  other  bidder,  or  who  shall  favor 
one  bidder  over  another,  by  giving  or  withholding  information,  or 
who  shall  wilfully  mislead  any  bidder  in  regard  to  the  character 
of  the  material  or  supplies  called  for,  or  who  shall  knowingly 
accept  materials  or  supplies  of  a  quality  inferior  to  that  called 
for  by  the  contract,  or  who  shall  knowingly  certify  to  a  greater 
amount  of  labor  performed  than  has  been  actually  performed,  or 
to  the  receipt  of  a  greater  amount  or  different  kinds  of  material 
or  supplies  than  has  been  actually  received,  shall  be  deemed  guilty 
of  misfeasance  and  shall  be  removed  from  office. 

Execution,  Signing  and  Registration  of  Contracts. 

Sec.  5.  All  contracts  provided  for  in  this  Chapter  must  be  in 
writing  and  executed  in  the  name  of  the  City  and  County  by  the 
]\Iayor.  All  such  contracts  must  be  countersigned  by  the  Clerk 
of  the  Supervisors,  and  registered  by  number  and  date  in  a  book 
kept  by  him  for  that  purpose.  When  a  contractor  fails  to  enter 
into  the  contract  awarded  to  him  or  to  perform  the  same,  new 
bids  must  be  invited,  and  a  contract  awarded  as  provided  herein 
in  the  first  instance.  Wlien  the  Supervisors  believe  that  the  prices 
bid  are  too  high,  or  that  bidders  have  combined  to  prevent  com- 
petition, or  that  the  public  interest  will  be  subserved  thereby, 
they  may  reject  any  and  all  bids  and  cause  the  notice  for  pro- 
posals to  be  re-advertised. 

Lighting   Contracts. 

Sec.  6.  No  contract  for  lighting  streets,  public  buildings,  places 
or  offices,  shall  be  made  for  a  longer  period  than  one  year,  nor 
shall  any  contract  to  pay  for  gas,  electric  light  or  any  illuminat- 
ing material  at  a  higher  rate  than  the  minimum  price  charged  to 
any  other  consumer,  be  valid.  Demands  for  lighting  public  build- 
ings shall  be  presented  monthly  to  the  board  or  department  using 
or  having  charge  thereof,  and  shall  specify  the  amount  of  gas, 
electric  light  or  illuminating  material  consumed  in  such  building 
during  the  month. 


Article  III,  Chapter  I,  Finance  and  Taxation.  25 

ARTICLE  III. 

FINANCE  AND  TAXATION. 
CHAPTER  I. 

LEVYING   OF  TAXES. 
Estimates  of  Annual  Requirements  in  Each  Department. 

Section  1.  On  or  ])ofore  the  first  ^NFonday  of  April  in  each  year 
the  heads  of  departments,  offices,  boards  and  commissions  of  the 
City  and  Connty  sliall  send  to  the  Supervisors  an  estimate  in 
writingr  of  the  amonnt  of  expenditnre.  specifyinfr  in  detail  the 
objects  thereof,  required  in  their  respective  departments,  office^, 
boards  and  commissions,  inclndinfj  a  statement  of  the  salaries  of 
their  subordinates.  Duplicates  of  these  estimates  shall  be  sent  at 
the  same  time  to  the  Auditor. 
Auditor's  Annual  Estimate  of  the  City's  Requirements  and  Revenue. 

Sec.  2.  On  or  before  the  first  IVFonday  of  IMay  in  each  year 
the  Auditor  shall  transmit  to  the  Supervisors  an  estimate  of  the 
probable  expenditures  of  the  City  and  County  gfovernment  for 
the  next  ensuins:  fiscal  year,  statin^  the  amount  required  to  meet 
the  interest  and  sinking  funds  for  all  outstandincr  funded  debts, 
and  the  wants  of  all  the  departments  of  the  municipal  Erovern- 
ment  in  detail,  and  showins:  specifically  the  amount  necessary 
to  be  apportioned  to  each  fund  in  the  treasui*y:  also  an  estimate 
of  the  amount  of  income  from  fines,  licenses  and  other  sources  of 
revenue,  exclusive  of  taxes  upon  property,  and  the  probabb^ 
amount  required  to  be  levied  and  raised  by  taxation. 
Supervisors  to  Make  Annual  Budget. 

Sec.  3.  The  Supervisors  shall  meet  annually  between  the  first 
Monday  of  May  and  the  first  Monday  of  June,  and  by  a  vote  of 
a  majority  of  all  the  members  thereof  make  a  budrret  of  the 
amounts  estimated  to  be  required  to  pay  the  expenses  of  con- 
duct inpr  the  public  business  of  the  City  and  County  for  the  next 
ensuinpr  fiscal  year.  The  budtret  shall  be  prepared  in  such  detail 
as  to  the  aprprreprate  sum  and  the  items  thereof  allowed  to  each 
department,  office,  board  or  commission,  as  the  Supervisors  shall 
deem  advisable. 

Before  finally  determininp^  upon   the  budjjet,   the   Supervisors 
shall  fix  such  sufficient  time  or  times  as  may  be  necessary  to  allow 
the  taxpayers  to  be  heard  in  regard  thereto,  and  the  Supervis(U's 
sliall  attend  at  the  time  or  times  so  appointed  for  siich  hcariufj:. 
Mayor   May    Veto    Items. 

Sec.  4.  Any  item  in  said  budget  may,  within  ten  days,  be 
vetoed  in  whole  or  in  part  by  the  Mayor,  and  it  shall  require 
fifteen  votes  of  the  Supervisors  to  overcome  sueli  veto.  Action 
thereon  must  be  taken  before  the  last  Monday  of  .7nne. 

After  the  final  estimate  is  made  in  accordance  herewith,  it 
shall  be  sif^ned  by  the  Mayor  and  the  (;ierk  of  tlu^  Supervisors, 
and  the  several  sums  shall  then  bo  apj)ropriate(l   for  the  ensuing 


"J(i  Charhr  of  the  Cily  and  County  of  San  Francisco. 

fiscal  year  to  tlie  several  purposes  and  departments  therein  named. 
Tlie  estimate  shall  he  filed  in  the  office  of  the  Auditor. 
Annual    Tax    Levy. 

Sec.  r>.     The  Supervisors  must  cause  to  he  raised  annually  ac- 
cording to  law,  and  collected  hy  tax,  the  amounts  so  appropriated, 
less  the  amounts  received  from  fines,  licenses  and  other  sources  of 
revenue. 
Demands    Upon   the   Treasury. 

Sec.  6.     Except  as  otherwise  provided  in  this  Charter,  no  money 
shall  he  drawn  from  the  treasury  unless  in  consequence  of  appro- 
priations made  hy  the  Supervisors  and  upon  warrants  duly  drawn 
thereon  hy  the  Auditor. 
Warrants. 

Sec.  7.     No  warrant  shall  he  drawn  except  upon  an  unexhausted 
specific  appropriation. 
Appropriation   for   Urgent   Necessities. 

Sec.  8.  The  Supervisors  may  appropriate  $100,000  a  year  for 
urgent  necessities  not  otherwise  provided  for  hy  law.  No  money 
shall  he  paid  out  of  this  appropriation  unless  authorized  hy  a 
five-sixths  vote  of  all  the  memhers  of  the  Board  of  Supervisors, 
and  approved  by  the  Mayor. — As  amended  November  5,  1907 ; 
approved  hy  the  Legislature  November  23,  1907  (Statutes  Special 
Session,  1907,  page  37). 

OneTwelfth    Limit   on    IVIonthly    Expenditures.     Registration    of   Demands 
and   Agreements. 

Sec.  9.  It  shall  not  be  lawful  for  the  Supervisors,  or  for  any 
hoard,  department,  officer  or  authority  having  power  to  incur, 
authorize  or  contract  liabilities  against  the  treasury,  to  incur, 
authorize,  allow,  contract  for,  pay  or  render  payable  in  the  present 
or  future,  in  any  one  month,  any  expenditure,  demand  or  demands, 
against  any  appropriation,  which,  taken  with  all  other  expendi- 
tures, indebtedness  or  liability  made  or  incurred  up  to  the  time 
in  such  month  of  making  or  incurring  the  same,  shall  exceed  one- 
twelfth  part  of  the  amount  of  the  appropriation  for  the  fiscal  year. 

When  any  board,  department  or  officer  having  power  to  incur 
liabilities  against  the  treasury  shall  make  any  agreement  for  ob- 
taining supplies  or  having  labor  performed,  such  department, 
officer  or  board  shall  register  such  agreement  by  number  and  date, 
and  all  demands  arising  under  such  agreement  shall  be  payable 
in  the  order  of  such  registration.  Such  department,  board  or 
officer  must  inform  the  person  with  whom  it  is  proposed  to  make 
such  agreement  of  the  amount  of  money  available  or  likely  to  be 
available  in  the  fund  from  which  such  demands  are  payable. 

If,  at  the  beginning  of  any  month,  any  money  remains  unex- 
pended in  any  appropriation  which  might  lawfully  have  been 
expended  during  the  preceding  month,  such  unexpended  sum  or 
sums,  except  so  much  thereof  as  may  be  required  to  pay  all  un- 
paid claims  upon  such  appropriation,  may  be  carried  forward  and 


Article  III,  Chapter  I,  Finance  and  Taxation.  27 

expended  in  any  succeeding  month  of  such  fiscal  year;  but  not 
afterwards,  except  in  payment  of  claims  lawfully  incurred  during 
such  fiscal  year.  Appropriations  provided  to  meet  the  expense 
of  elections;  for  the  support  and  maintenance  of  the  Assessor's 
and  Tax  Collector's  departments;  and  for  urgent  necessities,  shall 
be  exempt  from  the  provisions  of  this  section. 
Indorsement  of  Auditor  Upon  Contracts. 

Sec.  10.  No  contracts  made,  the  expense  of  whose  execution 
is  not  provided  by  law  or  ordinance  to  be  paid  by  assessments 
upon  the  property  benefited,  shall  be  binding  or  of  any  force,  un- 
less the  Auditor  shall  indorse  thereon  his  certificate  that  there 
remains  unexpended  and  unapplied  as  herein  provided,  a  balance 
of  the  appropriation  or  fund  applicable  thereto,  sufficient  to  pay 
the  estimated  expense  of  executing  such  contract,  as  certified  by 
the  board  or  officer  making  the  same.  This  provision  shall  not 
apply  to  work  done,  or  supplies  furnished,  involving  the  expendi- 
ture of  less  than  two  hundred  and  fifty  dollars,  unless  the  same 
is  required  by  law  to  be  done  by  contract  at  public  letting.  The 
Auditor  shall  make  such  indorsement  upon  every  such  contract 
so  presented  to  him,  if  there  remains  unapplied  and  unexpended 
such  amount  so  specified  by  the  officer  making  the  contract,  and 
thereafter  shall  hold  and  retain  such  sum  to  pay  the  expense  in- 
curred until  the  contract  shall  be  fully  performed.  The  Auditor 
shall  furnish  weekly  to  the  head  of  each  department  a  statement 
of  the  unexpended  balances  of  the  appropriation  for  his  depart- 
ment. 

Tax   Levy:      When   Made. 

Sec.  11.  On  or  before  the  third  Monday  in  September  of  each 
year,  the  Supervisors  shall  levy  the  amount  of  taxes  for  City  and 
County  purposes  required  to  be  levied  upon  all  property  not  exempt 
from  taxation.  The  amount  should  be  sufficient  to  provide  for  the 
payment  during  the  fiscal  year  of  all  demands  upon  the  treasury 
authorized  to  be  paid  out  of  the  same;  but  such  levy,  exclusive  of 
the  State  taxes  and  the  tax  to  pay  the  interest  aud  maintain  the 
sinking  funds  of  the  bonded  indebtedness  of  the  City  and  (bounty, 
and  oxclusive  of  the  tax  to  })ay  for  the  maintonanc(>  and  improve- 
ment of  tlu!  j)arks,  sqiiai'cs  and  pul)Ii('-  grounds  of  the  (-ity  and 
County,  shall  not  exceed  the  rate  of  one  dolhir  on  eacli  one  hundred 
dollars  valuation  of  the  property  assessed.  The  Supervisors  in 
tnaking  the  levy  shall  apportion  the  taxes  to  the  several  funds. — 
As  amended  March  16,  1915;  approved  by  the  Legislature  April  1, 
in  15,  (Statutes,  1915). 
Apportionment  of   Revenue. 

Sec.  12.  In  making  the  apportionment  the  Supervisors  shall 
take  into  account  and  apportion  to  the  several  funds  tiie  income 
and  revenue  estimated  to  arise  during  the  fiscal  year  from 
licenses,  fees,  and  other  sources,  but  the  income  to  pay  the  inter- 
est on  the  bonded  indebtedness  and  to  provide  for  the  sinking 
funds  shall  always  be  jjrovidcd    for  out   (if  tlic  tax  oti   property; 


28  Charter  of  the  City  and  County  of  San  Francisco. 

provided,  that  whenever  any  bonded  indebtedness  shall  have  been 
incurred  for  tlie  acquisition  of  any  of  the  public  utilities  named 
in  Article  XII  of  this  Charter,  the  surplus  earnings  of  any  such 
utility  for  the  fiscal  year  may  be  applied  upon  the  interest  and 
sinkinp:  fund  of  the  bonded  indebtedness  of  such  utility  for  the 
succeeding  fiscal  year. — As  amended  November  5,  1907 ;  approved 
by  the  Legislature  November  23,  1907  (Statutes  Special  Session, 
1907,  page  35). 

Limit   of  Taxation. 

Sec.  13.  The  limitation  in  Section  11  of  this  Chapter  upon  the 
rate  of  taxes  shall  not  apply  in  the  case  of  any  great  necessity  or 
emergency.  In  such  case  the  limitation  may  be  temporarily  sus- 
pended and  the  rate  of  taxes  be  increased  so  as  to  enable  the  Super- 
visors to  provide  for  such  necessity  or  emergency.  No  increase 
shall  be  made  to  provide  for  such  necessity  or  emergency  in  the 
rate  of  taxes  authorized  to  be  levied  under  Section  11  of  this 
Chapter,  unless  such  increase  be  authorized  by  ordinance  passed 
by  the  unanimous  vote  of  the  Supervisors  and  approved  by  the 
flavor.  The  character  of  such  necessity  or  emergency  shall  be 
recited  in  the  ordinance  authorizing  such  action,  and  be  entered 
in  the  journal  of  the  Board. 

Nor  shall  the  limitation  in  Section  11  of  this  Chapter  upon  the 
rate  of  taxes  apply  in  the  case  of  taxes  levied  by  ordinance  passed 
by  at  least  fifteen  Supervisors  and  approved  by  the  Mayor  for  any 
of  the  following  purposes,  to-wit:  To  meet  the  cost  of  elections, 
to  pay  any  demands,  salaries,  expenses  or  other  obligations  imposed 
upon  the  City  and  County  of  San  Francisco  by  a  legislative  or 
constitutional  enactment  of  the  State  of  California  or  of  the  United 
States :  to  meet  any  increase  in  demands,  salaries,  expenses  or  other 
obligations  imposed  upon  the  City  and  County  of  San  Francisco  by 
any  measure  hereafter  passed  by  direct  vote  of  the  people  of  the 
City  and  County  of  San  Francisco ;  to  meet  the  expense  or  cost  of 
schools  or  of  the  school  department ;  to  meet  the  cost  of  construc- 
tion and  repair  of  streets,  sewers,  or  of  buildings  for  the  police, 
fire,  health  or  school  departments  or  detention  home;  to  meet  the 
cost  of  maintaining  public  libraries  and  of  purchasing  books 
therefor. 

Provided,  however,  that  the  limitation  of  Section  11  of  this 
Chapter  upon  the  rate  of  taxes  shall  not  be  exceeded  in  any  one 
fiscal  year  by  more  than  65  cents  on  each  one  hundred  dollars 
valuation  of  the  property  assessed  except  in  the  case  of  a  great 
necessity  or  emergency  hereinabove  mentioned  or  except  for  the 
purpose  of  meeting  the  cost  -"f  elections,  or  paying  any  demands, 
salaries,  expenses  or  other  obligations  imposed  upon  the  City  and 
County  of  San  Francisco  by  legislative  or  constitutional  enactment 
of  the  State  of  California  or  of  the  United  States,  or  for  the  pur- 
pose of  meetiner  any  increase  in  demands,  salaries,  expenses  or  other 
obligations  imposed  upon  the  City  and  County  of  San  Francisco 
by  any  measure  hereafter  passed  by  direct  vote  of  the  people  of 
the  City  and  County  of  San  Francisco,  or  to  meet  the  cost  of  main- 


Article  III,  Chapter  II,  Finance  and  Taxation.  29 

taining  public  libraries  and  the  purchase  of  books  therefor.  Noth- 
ing in  this  section  shall  authorize  the  incurring  of  liabilities  against 
the  treasury  not  allowed  by  law,  or  which  cannot  be  paid  out  of 
the  income  and  revenue  provided,  collected  and  paid  into  the  proper 
fund  as  its  proi^crtion  of  tlu^  same  f(n*  such  fiscal  year,  or  pennit 
liabilities  or  indclifedncss  incurred  in  any  one  fiscal  year  to  lie  a 
charge  upon  or  paid  out  of  the  income  or  revenue  of  any  other  fiscal 
year. — As  amendrfl  March  16.  1915;  approved  hy  the  Legislature 
April  1,  1915  (Statutes,  1915). 
Municipal   Revenues  and    Bonds. 

Sec.  14.     The    Supervisors   shall    fix   the   amount   of   municipal 
revenues  and  provide  for  the  collection  thereof.     They  shall  from 
time  to  time  provide  for  the  payment  of  the  interest  and  principal 
of  the  bonds  for  which  the  City  and  County  is  liable. 
Disbursements. 

Sec.  15.     The   Supervisors  shall   authorize  the  disburscmont  of 
all   public   moneys,   except   as   otherwise   specifically   provided   in 
this  Charter. 
Surplus   Money  to   Surplus    Fund. 

Sec.  16.  At  the  close  of  each  fiscal  year,  if  all  demands  against 
each  fund  have  been  paid  or  satisfied,  and  all  disputed  or  con- 
tested demands  finally  adjudicated,  the  Supervisors  shall  direct 
the  Treaurer  to  transfer  all  surplus  moneys  to  a  fund  to  be 
called  the  Surplus  Fund,  except  such  surplus  moneys  as  are  in  the 
several  interest  and  sinking  funds,  in  the  Common  School  Fund, 
in  the  Park  Fund,  the  Library  Fund,  the  Police  Relief  and  Pension 
Fund,  in  the  Firemen's  Relief  and  Pension  Fund,  and  in  such 
other  funds  the  disposition  of  whose  surplus  moneys  is  in  this 
('barter  otherwise  provided  for. 
Payment  of  Taxes  May  Be  Postponed. 

Sec.  17.  The  taxes  levied  for  City  and  County  purposes  shall 
be  payable  at  the  times  prescribed  by  general  law  and  may  be  paid 
in  installments  and  shall  become  delinquent  at  the  times  and  iu 
the  manner  as  provided  by  general  law,  but  the  Supervisors  by  an 
ordinance  passed  prior  to  the  second  Monday  in  October  of  any 
calendar  year,  may  provide  that  tlie  delinquent  date  of  the  first 
installment  of  such  taxes  for  the  then  ('urrcnt  fiscal  year  shall  be 
post[)oned  until  the  second  Monday  in  January  next,  and  when  such 
an  ordinance  shall  have;  been  j)asst'd  in  any  calendar  year  the  first 
installment  of  taxes  for  the  then  current  fiscal  year  shall  not 
become  delinquent  until  the  second  Monday  in  January  next,  and 
any  notice  i)ublished  by  the  'i'ax  (Collector  shall  specify  the  delin- 
quent date  so  postponed  by  ordinance  of  the  Hoard  of  Supervisors. 
— Neiv  section  added  hy  an\evdinent  March  Jfi,  1915;  approved  hy 
the  Legislature  April  i,  1915  (Slatules,  1915). 

CHAPTER  Tl. 

THE  SEVERAL   FUNDS. 
Separate   Funds.    No  Division. 

Section  1.  The  income  ;ind  rcvemu;  paid  inlo  the  treasury 
shall  be  at  once  apportioned  to  and  kept  in  separate  funds.     It 


30  Charter  of  the  City  and  County  of  San  Francisco. 

shall  not  be  lawful  to  transfer  money  from  one  fund  to  another 
or  to  use  the  same  in  payment  of  demands  upon  another  fund. 
The  provisions  of  this  section  shall  not  apply  to  fees  paid  into 
the  treasury  and  placed  temporarily  to  the  credit  of  the  Unap- 
propriated Fee  Fund  under  the  provisions  of  Chapter  III  of  this 
Article. 

Designation  of  the  Several   Funds. 

Sec.  2.  The  several  funds  in  the  treasury  authorized  by  law 
at  the  time  this  Charter  takes  effect,  or  provided  for  by  this 
Charter,  shall  continue  therein  so  lon»  as  there  shall  be  occasion 
therefor;  and  the  moneys  therein,  or  which  may  belong  thereto, 
shall  not  be  used  for  any  purpose  other  than  that  for  which  the 
same  were  raised  except  as  otherwise  provided  in  this  Charter. 

The  General  Fund  shall  consist  of  moneys  received  into  the 
treasury  and  not  specially  appropriated  to  any  other  fund. 

The  Park  Fund  shall  consist  of  the  moneys  annually  appor- 
tioned to  said  Fund  by  virtue  of  the  tax  provided  for  in  this 
Charter  for  the  maintenance,  preservation  and  improvement  of 
the  parks,  squares,  avenues  and  public  grounds  of  the  City  and 
County;  of  all  moneys  accruing  from  rents  of  buildings  under 
the  jurisdiction  of  the  Park  Commissioners;  and  of  all  moneys 
coming  into  the  hands  of  said  Commissioners  whether  from  dona- 
tions or  otherwise.  Out  of  said  Fund  shall  be  paid  all  the  ex- 
penses of  every  kind  for  the  preservation,  maintenance  and  im- 
provement of  the  parks,  squares,  avenues  and  public  grounds  of 
the  City  and  County. 

The  Library  Fund  shall  consist  of  the  moneys  annually  appor- 
tioned to  said  Fund  by  virtue  of  the  tax  provided  for  in  this  Char- 
ter for  the  maintenance  of  Library  and  Reading  Rooms,  and  the 
purchase  of  books  therefor.  Out  of  said  Fund  shall  be  paid  all 
the  expenses  necessary  to  the  maintenance  of  such  Library  and 
Reading  Rooms  and  the  purchase  of  books  therefor. 

Surplus  Fund  and  Purposes  for  Which  It  May  Be  Used. 

See.  3.  The  Surplus  Fund  shall  consist  of  the  moneys  remain- 
ing at  the  end  of  any  fiscal  year  in  any  other  funds  (except  the 
Common  School  Fund  and  the  other  funds  by  this  Charter  other- 
wise expressly  provided  for)  after  all  valid  demands,  indebted- 
ness and  liabilities  against  said  funds  incurred  within  such  fiscal 
year  have  been  paid  and  discharged;  provided,  that  all  disputed 
or  contested  claims  payable  out  of  such  funds  have  been  finally 
adjudicated. 

The  Surplus  Fund  shall  be  used  for  the  purposes  and  in  the 
order  following: 

1.  In  payment  of  any  final  judgment  against  the  City  and 
County. 

2.  In  liquidation  and  extinguishment,  under  such  regulations 
as  the  Supervisors  may  adopt,  of  any  outstanding  funded  debt  of 
the  City  and  County. 


Article  111,  Chapter  II,  Finance  and  Taxation.  31 

'.\.  To  be  carried  over  and  apportioned  among  the  funds  and 
used  in  the  ensuing  tiseal  year  as  part  of  the  income  and  revenue 
tliereof. 

Special  Deposit  Fund. 

Sec.  4.     The  Special  Deposit  Fund  shall  consist  of: 

1.  All  moneys  paid  into  court  and  deposited  with  the  Treasurer 
by  the  County  Clerk. 

2.  All  moneys  received  by  the  Public  Administrator  and  depos- 
ited by  him  with  the  Treasurer. 

3.  All  moneys  deposited  with  the  Treasurer  on  special  deposit. 
The  moneys  in  the  Special  Deposit  Fund  shall  be  paid  out  in 

the  manner  prescribed  by  law. 

Funds  to   Be   Carried    Forward. 

Sec.  5.  Except  as  otherwise  provided  in  this  Charter,  any 
moneys  remaining  at  the  end  of  the  fiscal  year  in  any  interest  and 
sinking  fund  or  a  fund  provided  by  a  special  bond  issue  for  a 
specific  purpose,  the  Common  School  Fund,  the  Park  Fund,  the 
Library  Fund,  the  Firemen's  Relief  and  Pension  Fund,  Police 
Relief  and  Pension  Fund,  and  the  Public  Building  Fund  shall  be 
carried  forward  and  apportioned  to  said  respective  funds  for  the 
ensuing  fiscal  year. 

Payment  of  Unpaid   Demands. 

Sec.  G.  Any  demand  against  the  treasury  or  against  any  fund 
thereof  remaining  unpaid  at  the  end  of  the  fiscal  year  for  lack  of 
money  applicable  to  its  payment,  may  be  paid  out  of  any  money 
which  may  subsequently  come  into  the  proper  fund  from  delin- 
quent taxes  or  other  uncollected  income  or  revenue  for  such  year. 
Such  demands  shall  be  paid  out  of  such  delinquent  revenue,  when 
collected,  in  the  order  of  their  registration. 

Redemption  of  Outstanding  Bonds. 

Sec.  7.  Wlion  there  shall  be  to  the  credit  of  any  sinking  fund 
in  the  treasury  a  sum  not  less  than  twenty  thousand  dollars  which 
may  be  applied  to  the  redemption  of  any  outstanding  lionds  to 
which  such  fund  is  applicable,  which  are  not  redeemable  before 
their  maturity,  it  shall  be  the  duty  of  the  Mayor,  Auditor  and 
Treasurer  to  advertise  for  thirty  days,  inviting  proposals  for  the 
surrender  and  redemption  of  the  bonds. 

After  such  advertisement  the  money  in  such  Sinking  Fund,  or 
such  portion  thereof  as  may  be  required  therefor,  shall  l)o  awarded 
to  the  persfm  or  persons  offering  to  surrender  said  bonds  for  the 
lowest  price.  Upon  such  award,  when  duly  audited,  the  Treas- 
urer .shall,  upon  the  .surrender  of  the  bonds,  i)ay  the  amount  to 
the  person  or  persons  to  whom  the  same  was  awarded.  No  bid  for 
the  surrender  of  any  of  the  bonds  shall  l)e  accepted  which  shall 
require  a  greater  sum  of  money  for  their  redemption  Ihan  the 
then  worth  of  the  principal  and  interest  of  the  bonds,  calculated 
with  interest,  not  exceeding  four  per  centum  per  annum. 


:V2  Charter  of  the  Cihj  and  County  of  San  Francisco. 

City   May  Purchase. 

Sei'tion  7;i.  All  fi'anehises  for  street  railways  or  franchises  for 
rnilw.iys  crossini;  any  street  crrantod  under  this  Charter  shall  be 
subject  to  the  rip:ht  of  the  City  and  County,  upon  the  payment 
therefor  of  a  fair  valuation  plus  the  bonus  hereinafter  mentioned 
to  purchase  and  take  over  the  tangible  property  and  plant  includ- 
ing leases  ot  any  real  property  necessary  to  such  plant  owned  by 
the  grantee  of  any  franchise  granted  under  this  Charter,  his  or 
its  successors  or  assigns  and  used  in  the  exercise  of  such  franchise. 
S^uch  valuation  shall  not  include  any  value  of  the  franchise,  or 
right  of  way  through  the  streets  or  any  earning  power  of  such 
property.  The  valuation  shall  include  as  part  of  the  costs  of  the 
plant,  interest  on  actual  investments  during  the  period  of  con- 
struction prior  to  the  commencement  of  operation.  If  the  pur- 
chase be  made  within  ten  years  from  the  time  the  franchise  is 
granted,  the  City  and  County  shall  pay  to  the  grantee,  his  or  its 
successors  or  assigns,  in  addition  to  the  amount  of  such  valuation, 
a  sum  or  bonus  not  less  than  ten  per  centum  nor  more  than  twenty 
per  centum  in  the  discretion  of  the  arbitrators  hereinafter  pro- 
vided for,  of  the  actual  cost  of  construction  of  the  road  and  of 
the  actual  cost  of  all  other  tangible  property  owned  by  the  grantee, 
his  successors  or  assigns,  in  use,  and  usable  for  the  purposes  for 
which  the  franchise  was  granted.  If  the  purchase  be  made  more 
than  ten  years  after  the  granting  of  the  franchise  then  the  said 
bonus  shall  be  ten  per  cent.  Such  valuation  shall  be  made  and 
the  proceedings  therefor  initiated  upon  call  for  the  same  by  ordi- 
nance passed  by  the  Board  of  Supervisors  or  the  electors.  On 
the  passage  of  such  an  ordinance  the  Mayor  shall  within  thirty 
days  appoint  two  arbitrators  and  forthwith  notify  the  owner 
of  said  franchise  of  their  appointment  by  written  notice  addressed 
as  follows:  "To  the  owner  of  the  franchise  for  (inserting  the 
name  of  the  franchise)"  and  left  at  the  office  of  the  company 
operating  or  owning  the  said  franchise;  and  call  upon  such  owner 
in  such  notice  to  appoint  within  thirty  days  two  arbitrators  and 
notify  the  j\Iayor  of  their  appointment.  Such  arbitrators  shall 
meet  and  appoint  a  fifth  arbitrator  and  shall  make  the  valuation 
pro\T[ded  for  herein.  In  the  event  that  such  arbitrators  shall 
be  unable  to  agree  on  a  fifth  member  within  ten  days  from  the 
date  of  the  appointment  of  the  last  arbitrator  so  appointed,  they 
shall  request  the  Justices  of  the  Supreme  Court  of  California  to 
name  one  of  their  number  to  act  as  such  arbitrator.  If  the  said 
Justices  refuse,  or  fail  for  fifteen  days,  to  appoint  one  of  their 
number  to  serve  as  such  fifth  arbitrator,  then  each  of  the  arbi- 
trators theretofore  appointed  shall  propose  a  person  to  serve  as 
such  fifth  arbitrator.  The  names  of  the  persons  so  proposed  shall 
be  written  on  slips,  and  at  a  time  and  place  designated  not  less 
than  twenty-four  hours  in  advance  by  the  Mayor,  one  slip  shall  be 
drawn  by  lot  by  the  I\Iayor  in  open  meeting,  in  the  same  manner 
that  the  names  of  jurors  are  drawn  from  the  jury  box,  and  the 


Article  III,  Chapter  III,  Finance  and  Taxation.  33 

person  whose  name  is  so  drawn  shall  be  the  fifth  member  of  the 
Board  of  Arbitration.  If  the  arbitrators  for  the  owner  of  the 
franchise  refuse  or  neglect  for  five  days  to  propose  such  names  the 
JMayor  shall  act  as  fifth  arbitrator.  The  life  of  no  franchise 
granted  under  this  Charter  shall  extend  beyond  thirty  days  after 
such  notice  to  the  owner  of  the  franchise  shall  have  been  served 
as  above,  unless  he  shall  have  appointed  such  two  arbitrators  within 
such  period.  If  any  arbitrator  shall  die,  be  declared  incompetent, 
absent  himself  from  the  State  or  otherwise  become  unable  to  act 
on  such  board,  the  vacancy  shall  be  filled  in  the  manner  in  which 
he  was  originally  appointed.  Upon  the  filing  of  the  decision  of 
said  arbitrators,  the  Board  of  Supervisors  shall  submit  to  the 
qualified  voters  in  the  manner  provided  for  the  acquisition  of  any 
public  utility,  the  acquisition  of  said  franchise,  plant  and  property 
and  the  issuance  of  bonds  for  payment  therefor.  If  two-thirds  of 
the  electors  voting  on  the  proposition  shall  approve  the  same,  then 
and  not  otherwise,  the  amount  of  the  valuation  so  determined  and 
any  bonus  payable  hereunder,  shall  be  paid  to  the  owner  of  said 
franchise  and  railroad  as  soon  as  said  bonds  are  sold  and  the  prop- 
erty and  plant  shall  become  the  property  of  the  City  and  County. 
Such  bonds  may,  with  the  consent  of  the  owner  and  at  the  discre- 
tion of  the  Boai-(l  of  Supervisors,  be  taken  at  not  less  than  par  by 
the  said  owner  in  i)ayment  for  said  utility.  The  Mayor  shall  tender 
such  moneys  or  the  said  bonds  to  said  owner  and  unless  within  ten 
days  thereafter  he  shall  accept  the  same,  and  transfer  said  prop- 
erty to  the  City  and  County,  the  said  franchise  shall  thereupon  ex- 
pire and  all  liability  of  said  City  and  County  to  pay  the  above 
money  or  bonds  or  any  sum  whatsoever  for  such  properties  shall 
cease.  Upon  the  acceptance  of  such  money  or  bonds,  the  said 
franchise  shall  be  extinguished. 
Wages  and   Hours  of  Employees. 

Sec,  7b.  Every  franchise  shall  provide  that  employees  of  tlie 
[x'rson  or  company  or  corporation  operating  a  sti'eet  railroad  sball 
l)e  paid  not  less  than  $.3  a  day  and  that  eight  hours  sball  It  llu' 
maximum  hours  of  labor  in  any  calendar  day,  the  same  to  be 
coinpleted  within  ten  hours.  Provided,  that  nothing  in  this  sec- 
tion shall  be  construed  to  prohibit  overtime  employment,  wages 
for  such  employment  to  be  paid  at  one  and  one-half  times  the 
said  rate  of  wages  proportionate  to  each  hour  of  such  extra  service. 
Penalties. 

Sec.  7c.  Failure  to  comply  with  any  of  the  conditions  pre- 
scribed by  this  Charter,  or  any  otber  lawful  conditions  wliicli  may 
be  inserted  in  the  grant  of  franchise,  shall  work  an  innncdiatc  for- 
feiture of  llic  franchise  and  the  road  and  track  constructed  there- 
under.    Tiicre  shall  be  no  power  in  the  lioard  of  Supervisors  to 

[Note — Sections  7a,  7b  and  7c  were  probably  Intended  as  amendments 

to   ChaiJter   II,   Article   II,   but  tho    petition    cailiiiR   for   thoir   BubmisHion 
pxpressly  Htuted  that  th«!y  were  to  be  uddod  to  c;imptor  II  of  Article  Ill.l 


:U  Charter  of  the  Citjj  aud  County  of  San  Francisco. 

relieve  from  sueli  forfeiture  or  from  any  such  condition. — Sections 
7a,  7b  and  7c  added,  by  amendment  November  15,  1910;  approved 
by  the  Legislature  February  17,  1911  (Statutes,  1911,  page 
1661). 

CHAPTER  III. 

THE   CUSTODY  OF   PUBLIC    MONEYS. 
All   Moneys  to   Be  Paid   Into  the  Treasury.     Disbursement. 

Section  1.  All  moneys  arising  from  taxes,  licenses,  fees,  fines, 
penalties  and  forfeitures,  and  all  moneys  which  may  be  collected 
or  received  by  any  officer  of  the  City  and  County,  or  any  depart- 
ment thereof,  in  his  official  capacity,  for  the  performance  of  any 
official  duty,  and  all  moneys  accruing  to  the  City  and  County 
from  any  source,  and  all  moneys  directed  by  law  or  this  Charter 
to  be  paid  or  deposited  in  the  treasury,  shall  be  paid  into  the 
treasury.  All  officers  or  persons  collecting  or  receiving  such 
moneys  must  pay  the  same  into  the  treasury.  No  officer  or  person 
other  than  the  Treasurer  shall  pay  out  or  disburse  such  moneys, 
or  any  part  thereof,  upon  any  allowance,  claim  or  demand. 
No  Fees  Allowed  to  Salaried  Officers  or  Employees. 

Sec.  2.  Salaried  officers  shall  not  receive  nor  accept  any  fee, 
payment,  or  compensation,  directly  or  indirectly,  for  any  services 
performed  by  them  in  their  official  capacity,  nor  any  fee,  pay- 
ment, or  compensation,  for  any  official  service  performed  by  any 
of  their  deputies,  clerks,  or  employees,  whether  performed  during 
or  after  official  business  hours.  No  deputy,  clerk,  or  employee  of 
such  officers  shall  receive  or  accept  any  fee,  compensation  or  pay- 
ment, other  than  his  salary  as  now  or  hereafter  fixed  by  law,  for 
any  work  or  service  performed  by  him  of  any  official  nature,  or 
under  color  of  office,  whether  performed  during  or  after  official 
business  hours. 
All  Fees  to  Be  Paid  to  Treasurer. 

Sec.  3.  Everj^  fee,  commission,  percentage,  allowance,  or  other 
compensation  authorized  by  law  to  be  charged,  received,  or  col- 
lected by  any  officer  for  any  official  service,  must  be  paid  by  the 
officer  receiving  the  same  to  the  Treasurer  in  the  manner  herein 
provided. 
Daily  Delivery  of   Fees  to  Treasurer. 

Sec.  4.  It  shall  be  the  duty  of  every  officer  authorized  by  law 
to  charge,  receive  or  collect  any  fee,  commission,  percentage,  allow- 
ance, or  compensation  for  the  performance  of  any  official  service 
or  duty  of  any  kind  or  nature,  or  rendered  in  any  official  capacity, 
or  by  reason  of  any  official  duty  or  employment,  to  deliver  the 
same  to  the  Treasurer  at  the  expiration  of  each  business  day.  The 
Treasurer  shall  thereupon  deliver  to  such  officer  a  receipt  for  the 
money  so  paid,  which  shall  show  the  amount  of  money  received, 
the  day  and  hour  when  paid,  the  name  of  the  officer  paying  the 
same,  the  nature  of  the  service  performed,  and  the  name  and 
official  designation  of  the  person  by  whom  the  service  was  per- 


Article  III,  Clmpter  III,  Finance  and  Taxation.  35 

formed;  and  like  entries  shall  be  made  upon  the  stiih  of  such 
receipt,  which  shall  be  kept  by  the  Treasurer.  The  Treasurer 
shall  place  all  such  moneys  in  a  fund  to  be  desiofnated  the  "Unap- 
portioned  Fee  Fund,"  which  is  hereby  created,  and  shall  keep 
such  fund  as  other  funds  in  the  treasury  are  kept,  and  shall  be 
liable  on  his  official  bond  for  all  money  so  received. 
Official   Receipts. 

Sec.  5.  The  Auditor  or  other  proper  officer  must  prepare  and 
deliver  from  time  to  time  to  the  Treasurer,  and  to  every  officer 
authorized  by  law  to  charfje  any  fee,  commission,  percenta«]:e, 
allowance,  or  compensation,  for  the  performance  of  any  official 
service  or  duty,  as  many  official  receipts  as  may  be  required, 
charjsfino:  therewith  the  Treasurer  or  other  officer  receiving:  them. 
Such  official  receipts  must  be  bound  into  books  containing:  not 
less  than  one  hundred  such  receipts,  and  numbered  consecutively, 
bepfinning:  with  number  one  in  each  class  required  for  each  officer 
for  each  fiscal  year,  and  provided  with  a  stub  correspondincr  in 
number  with  receipt.  "When  the  books  containing:  receipts  are. 
exhausted  by  the  officer  receiving  them,  he  shall  return  the  stubs 
thereof  to  the  Auditor  or  other  proper  officer,  in  whose  custody 
they  shall  remain  thereafter. 
Treasurer's   Receipts. 

See.  f).  When  a  receipt,  as  herein  provided,  is  issued  hy  the 
Treasurer,  he  must  state  therein  the  date  of  payment,  tlie  name 
of  the  person  making  the  payment,  the  amount  of  such  payment, 
the  nature  of  the  service  for  which  the  charge  is  made,  and  the 
name  and  official  designation  of  the  officer  performing  the  service, 
and  shall  makn  corresponding  entries  on  the  stub  of  each  receipt. 
Receipts  of  Other  Officers. 

Sec.  7.  When  any  receipt  is  issued  by  any  officer  otlier  than 
the  Treasurer  as  herein  provided,  lie  shall  state  therein  the  day 
and  hour  of  the  delivery  to  him  of  the  Treasurer's  receipt,  the 
nature  of  the  service  therein  (lesoril)cd,  and  tlie  amount  charged 
tlierefor.  and  the  name  of  the  person  by  wliom  sucli  receipt  is 
delivered  to  him.  and  shall  make  corresponding  entries  on  the 
stub  to  which  such  receipt  is  attached. 

Treasurer's  Monthly  Report. 

Sec.  8.  On  the  first  day  of  cacli  month  Ww.  Treasurer  must 
make  to  the  Auditor  a  report  under  oath  of  all  moneys  receiv(>d 
by  him  during  the  preceding  month,  showing  the  date  and  num- 
ber of  the  receipt  on  which  the  money  was  received,  the  amount 
of  each  payment,  by  whom  paid,  th(>  nature  of  the  service,  and 
the  name  and  official  designation  of  the  officer  performing  the 
service.  At  the  same  lime,  or  oftener,  if  req\iired  hy  the  vNuditor, 
the  Treasurer  shall  exhibit  to  the  Auditor  all  official  receipts  re- 
ceived by  him  during  the  previous  month,  and  all  official  receipts 
remaining  in  his  hand.s,  unused  or  not  issued,  at  the  clo.so  of  busi- 
ness on  the  last  day  of  the  preceding  month. 


36  Charter  of  the  City  and  County  of  San  Francisco. 

Monthly  Reports  and  Exhibits  of  Officers. 

See.  9.  On  the  first  day  of  each  month  every  officer  authorized 
by  law  to  chargre  any  fee,  commission,  percentage,  allowance  or 
compensation,  must  make  to  the  Auditor  a  report  under  oath  of 
all  official  receipts  issued  by  him  during  the  preceding  month, 
showing  the  date  and  number  of  each  receipt,  to  whom  issued, 
the  nature  of  the  service  for  which  the  charge  was  made,  and 
the  amount  of  such  charge;  and  must  at  the  same  time  or  oftener, 
if  required,  exhibit  to  the  Auditor,  or  other  proper  officer,  all  the 
Treasurer's  receipts  deposited  with  him  during  the  preceding 
month,  and  all  receipts  remaining  in  his  hands,  unused  or  not 
issued,  at  the  close  of  business  on  the  last  day  of  each  preceding 
month. 
Settlement  of  Accounts. 

Sec.  10.  Upon  receiving  the  reports  prescribed  by  sections 
eight  and  nine  of  this  Chapter,  the  Auditor  shall  examine  and  set- 
tle the  accounts  of  each  officer,  and  apportion  such  moneys  to  the 
fund  or  funds  to  which  they  are  appropriated  by  law,  and  certify 
such  apportionment  to  the  Treasurer,  who  shall  thereupon  trans- 
fer from  the  ''Unapportioned  Fee  Fund"  the  amounts  so  certified, 
and  credit  each  fund  entitled  thereto  with  the  proper  amount  so 
apportioned. 
Mileage.    Monthly  Statements. 

Sec.  11.  Every  officer  who  is  by  law  allowed  to  charge  and 
collect  mileage  for  the  service  of  process,  or  other  like  service, 
shall  at  the  end  of  each  month  prepare  and  deliver  to  the  Auditor 
a  statement  showing  each  process  served,  the  title  of  the  cause, 
the  name  of  the  deputy  or  other  subordinate  officer  who  made  the 
ser^-ice,  the  number  of  miles  actually  traveled  in  making  such 
service,  the  exact  day  w^hen  such  service  was  made,  and  between 
Avhat  hours  of  the  day,  and  such  statement  shall  be  verified  by  the 
oath  of  such  officer.  The  Auditor  shall  examine  such  statement, 
and  issue  his  warrant  upon  the  Treasurer  for  such  amount  of 
money  as  will  reimburse  such  officer  for  his  lawful  expenses  in 
making  such  service.  Such  warrant  shall  be  paid  by  the  Treas- 
urer, without  further  approval,  out  of  the  "  Unapportioned  Fee 
Fund."  No  extra  mileage  shall  be  charged  or  allowed  for  service 
of  two  or  more  processes  served  on  the  same  trip  by  the  same 
deputy  or  deputies,  except  for  extra  mileage  actually  traveled  in 
serving  additional  process.  All  mileage  charged  in  violation  of 
this  section  shall  be  disallowed  by  the  Auditor,  and  all  amounts 
disallowed  for  any  reason  shall  be  apportioned  as  other  moneys 
in  the  " Unapportioned  Fee  Fund." 
Employment  of  Extra  Assistants. 

Sec.  12.  When  an  officer,  legally  authorized  to  employ  a  per- 
son other  than  one  of  his  deputies  or  assistants  at  a  stated  com- 
pensation fixed  by  law,  has  employed  such  person,  and  in  pursu- 
ance of  such   employment  such  person  has  rendered  the  service 


Article  III,  Chapter  III,  Finance  and  Taxation.  37 

for  which  he  was  employed,  such  officer  shall,  at  the  end  of  each 
month,  prepare  and  deliver  to  the  Auditor  a  statement  verified 
by  the  oath  of  such  officer,  showing  the  case  or  instance  in  which 
such  service  was  performed,  for  whom  performed,  the  name  of  the 
person  so  employed,  by  whom  the  service  was  performed,  the 
amount  of  the  charge  therefor,  the  time  actually  employed  in  per- 
forming such  service,  and  the  dates  of  the  beginning  and  ending 
of  the  period  during  which  such  person  was  so  employed.  The 
Auditor  shall  thereupon  examine  such  statement,  and  if  he  finds 
the  same  correct,  he  shall  audit  and  allow  the  verified  demand  of 
such  person  so  employed  and  performing  the  service  for  the  sum 
or  sums  so  earned  by  him  for  such  service,  and  the  Treasurer 
shall  pay  such  demand  so  audited  and  allowed,  without  further 
approval,  out  of  the  "Unapportioned  Fee  Fund." 

Allowance  of  Salaries  Fixed  by  Law.  Demands  Against  Common  School 
Fund. 
Sec.  13.  The  demand  of  the  Auditor  for  his  monthly  salary 
shall  be  audited  and  allowed  by  the  IMayor.  All  other  demands 
on  account  of  salaries  fixed  by  law,  ordinance,  or  this  Charter, 
and  made  payable  out  of  the  treasury,  may  be  allowed  by  the 
Auditor  without  any  prenous  approval.  All  demands  payable 
(tut  of  tli<>  Cninnion  School  Fund  must,  before  they  can  be  allowed 
(»r  paid,  be  previously  approved  by  the  Board  of  Education.  De- 
mands payable  out  of  the  treasury  for  salaries,  wages,  or  com- 
pensation of  deputies,  clerks,  assistants,  or  employees,  in  any  office 
or  department,  must,  before  they  can  be  audited  or  paid,  be  first 
approved  in  writing  by  the  officer,  board,  department  or  authority 
under  whom,  or  in  which,  such  demand  originated.  All  other 
demands  payable  out  of  any  funds  in  the  treasury,  must,  before 
they  can  be  allowed  by  the  Auditor,  or  recognized,  or  paid,  be 
first  approved  by  fhe  department,  board  or  officer,  in  which  the 
.same  has  originated,  and  in  all  such  cases  must  be  approved  by 
the  Supervisors. 

Every  demand  against  the  City  and  County  sli.ill,  in  addilion 
to  the  other  entries  and  indorsements  upon  the  same  rociuired  by 
this  Charter,  show:  1.  The  ordinance  or  authorization  under 
which  the  same  was  allowed.  2.  The  name  of  the  board,  depart- 
ment or  authority  authorizing  the  same.  3.  Tlie  fiscal  year  within 
which  the  indebtedness  was  incurred.  4,  The  appropriation  pro- 
vided to  meet  the  demand.  5.  The  name  of  the  specific  fund  out 
of  which  tiic  demand  is  payable.  Each  demand  shall  have  written 
or  printed  upon  it  a  statement  that  the  same  can  only  be  paid 
out  of  the  incf)me  and  revenue  provided,  collected  and  paid  into 
the  proper  specific  fund  in  the  treasury  for  the  fiscal  year  within 
which  the  indebtedness  was  incurred,  and  shall  refer  to  Chapter  II 
of  this  Article,  and  be  numbered  with  reference  to  the  fund  out  of 
which  it  is  payable. 

Sec.  14.  Whenever  any  per.siwi  lias,  or  has  received,  moneys 
or  other  personal  property  belonging  to  the  (^ity  and  County,  or 


215441 


38  Charter  of  the  Cifj/  and  County  of  San  Francisco. 

has  ]>i>en  intrusted  witli  the  eollection,  nianagement  or  (lisl)urse- 
nient  ot"  any  moneys,  lionds,  or  intei-est  acf-ruin*;  therefrom,  belong- 
inir  to  or  liehl  in  trust  by  the  City  and  County,  and  fails  to 
render  an  aeeount  thereof  to,  and  make  settlement  with,  the 
Treasurer  within  the  time  prescribed  by  law;  or,  when  no  par- 
ticular time  is  specified,  fails  to  render  such  account  and  make 
such  settlement,  or  who  fails  to  pay  into  the  treasury  any  moneys 
lielontrintr  to  the  City  and  County  upon  being  required  to  do  so 
by  the  Auditor,  Avithiu  twenty  days  after  such  requisition,  the 
Auditor  nuist  state  an  account  with  such  person,  charging  twenty- 
tive  per  centum  damages,  and  interest  at  the  rate  of  ten  per  centum 
per  annum  from  the  time  of  such  failure. 

A  copy  of  such  account  in  any  suit  therein  is  prima  facie  evi- 
dence of  the  things  therein  stated.  In  case  the  Auditor  cannot 
for  want  of  information  state  an  account,  he  may  in  any  action 
brought  by  him  aver  that  fact,  and  allege  generally  the  amount 
of  money  or  other  property  which  is  due  to  or  which  belongs  to 
the  City  and  County.  The  City  Attorney  must  prosecute  all  ac- 
tions that  may  be  brought  under  this  section  within  ten  days 
after  notification  by  the  Auditor. 

CHAPTER  IV. 

PAYMENT  OF  CLAIMS. 

Monthly    Payment    of    Salaries.     Limitation    Upon    Demands.     Revival    of 
Claims. 

Section  1.  The  salaries  and  compensation  of  all  officers,  includ- 
ing policemen  and  employees  of  all  classes,  and  all  teachers  in 
the  public  schools,  and  others  employed  at  fixed  wages,  shall  be 
payable  monthly.  Any  demand  upon  the  treasury  accruing  under 
this  Charter  shall  not  be  paid,  but  shall  be  forever  barred  by  lim- 
itation of  time,  unless  the  same  be  presented  for  payment,  prop- 
erly audited,  within  one  month  after  such  demand  became  due 
and  payable;  or,  if  it  be  a  demand  which  must  be  passed  and 
approved  by  the  Supervisors  or  Board  of  Education,  or  by  any 
other  Board,  then  within  one  month  after  the  first  regular  meet- 
ing of  the  proper  Board  held  next  after  the  demand  accrued;  or, 
unless  the  Supervisors  shall,  within  six  months  after  the  demand 
accrued  as  aforesaid,  on  a  careful  examination  of  the  facts,  resolve 
that  the  same  is  in  all  respects  just  and  legal,  and  the  presenta- 
tion of  it,  as  above  required,  was  not  in  the  power  either  of  the 
original  party  interested  or  his  agent,  or  the  present  holder,  in 
which  case  they  may  by  ordinance  revive  such  claim ;  but  it  shall 
be  barred  in  the  same  manner  unless  presented  for  payment  within 
twenty  days  thereafter.  No  valid  demand  arising  subsequent  to 
the  claim  which  may  be  revived  as  aforesaid  shall  be  rendered 
invalid  by  reason  of  such  revival  exhausting  the  fund  out  of  which 
subsequent  claims  might  otherwise  be  paid.  Such  revived  claim 
shall  take  rank  as  of  the  day  of  its  revival. 


Article  IV,  Chapter  I,  Executive  Department.  39 

ARTICLE  IV. 

EXECUTIVE  DEPARTMENT. 

CHAPTER  I. 

THE  MAYOR. 

Qualifications.     Term.     Salary.     Appointees   in   His  Office.     Salaries. 

Section  1.  The  chief  executive  officer  of  tlie  City  and  County 
shall  be  designated  the  ]\rayor.  He  shall  be  an  elector  of  the 
City  and  County  at  the  time  of  his  election,  and  must  have  been 
such  for  at  least  five  years  next  preceding  such  time.  He  shall 
be  elected  by  the  people  and  hold  office  for  two  years.  He  sliall 
receive  an  annual  salary  of  six  thousand  dollars.  He  may  ajipoint 
a  Secretary,  who  sliall  receive  an  amiual  salary  of  twenty-four 
hundred  dollars;  an  usher,  who  sliall  receive  an  annual  salary  of 
nine  hundred  dollars;  and  a  stenot>:rapher  and  type-writer,  who 
shall  tccpive  an  annual  salary  of  nine  hundred  dollars.  All  of 
said  api)ointees  shall  hold  their  i>ositions  at  the  jilcasure  of  tli<' 
Mayor. 

Mayor's  Duties. 

Sec.  2.  The  Mayor  sliall  vigilantly  observe  the  oflficial  conduct 
of  all  jniblic  officers  and  the  manner  in  which  they  execute  their 
duties  and  fulfill  their  oliligations.  The  books,  records  and  official 
papers  of  all  dejjartnients.  officers  and  jiersons  in  the  employ 
of  the  C'ity  and  County  shall  at  all  times  be  open  to  his  inspec- 
tion and  examination.  He  shall  take  special  care  that  the  books 
and  records  of  all  departments,  boards,  officers  and  persons  are 
kept  in  ]("^:\]  and  proper  form.  When  any  official  defalcation  or 
wilful  neglect  of  duty  or  official  misconduct  shall  come  to  his 
knowledge,  he  shall  suspend  the  delin(|ii('iit  officer  or  jjcrsim  from 
office  pending  an  official  investigation. 

The  Mayor  shall  from  time  to  time  reconiiiieiid  1o  the  proper 
officers  of  the  different  departments  such  measures  as  lie  may 
deem  ))eneficial  to  public  interest.  He  shall  see  that  the  laws  of 
the  State  and  ordinances  of  tlie  City  and  County  are  observed 
and  enforced.  He  shall  iiave  a  general  supervision  over  all  the 
departments  and  public  institutions  of  the  ('ity  and  County,  and 
see  that  they  are  honestly,  economically  and  lawfully  conducted, 
and  shall  have  the  right  to  attend  the  meetings  of  any  of  the 
Boards  provided  for  in  this  Charter,  and  offer  suggestions  at 
such  meetings.  He  shall  take  all  proper  measures  for  the  preser- 
vation of  i)ublic  order  and  the  sui)i)res,sion  of  all  riots  and  tumults, 
for  which  purpose  he  may  u.se  and  command  the  police  force.  If 
such  pftlice  force  is  insufficient,  lie  shall  call  ujion  the  ({overnor 
for  military  aid  in  the  manner  pr(»vided  by  law,  so  that  such  riots 
or  tumults  may  be  i)romptly  and  effectually  suppressed. 


40  ('lidflrr  of  the  ('ih/  and  Cnuniy  of  San  Francisco. 

Execution   of   Public  Contracts  and    Agreements.     Actions  to   Annul    For- 
feited Franchises.    Postpone  Franchises. 

Sec.  3.  The  IMnyor  shall  see  that  all  contracts  and  ac:rcements 
with  the  City  and  County  are  faithfully  kept  and  fully  per- 
formed. Tt  shall  be  the  duty  of  every  officer  and  person  in  the 
employ  or  service  of  the  City  and  County,  when  it  shall  come  to 
his  knowledge  that  any  contract  or  agreement  with  the  City  and 
County,  or  with  any  officer  or  department  thereof,  or  relating  to 
the  business  of  any  office,  has  been  or  is  about  to  be  violated  by 
the  other  contracting  party,  forthwith  to  report  to  the  Mayor 
all  facts  and  information  within  his  possession  concerning  such 
matter.  A  wilful  failure  to  do  shall  be  cause  for  the  removal 
of  such  officer  or  employee.  The  Llayor  shall  give  a  certificate  on 
demand  to  any  person  reporting  such  facts  and  information  that 
he  has  done  so,  and  such  certificate  shall  be  evidence  in  exonera- 
tion from  a  charge  of  neglect  of  duty. 

The  Mayor  must  institute  such  actions  or  proceedings  as  maj"^ 
be  necessary  to  revoke,  cancel  or  annul  all  franchises  that  may 
have  been  granted  by  the  City  and  County  to  any  person,  com- 
pany or  corporation  which  have  been  forfeited  in  whole  or  in 
part  or  which  for  any  reason  are  illegal  and  void  and  not  binding 
upon  the  City.  The  City  Attorney,  on  demand  of  the  Mayor, 
must  institute  and  prosecute  the  necessary  actions  to  enforce  the 
provisions  of  this  section. 

The  Mayor  shall  have  power  to  postpone  final  action  on  any 
franchise  that  may  be  passed  by  the  Supervisors  until  such  pro- 
posed franchise  shall  be  ratified  or  rejected  by  a  majority  of  the 
votes  cast  on  the  question  at  the  next  election. 

Offices  and  Vacancies  Not  Provided  in  Charter. 

Sec.  4.  The  Mayor  shall  appoint  all  officers  of  the  City  and 
County  whose  election  or  appointment  is  not  otherwise  specially 
provided  for  in  this  Charter  or  by  law.  When  a  vacancy  occurs 
in  any  office,  and  provision  is  not  otherwise  made  in  this  Charter 
or  by  law  for  filling  the  same,  the  Mayor  shall  appoint  a  suitable 
person  to  fill  such  vacancy,  who  shall  hold  office  for  the  remainder 
of  the  unexpired  term. 

Ex-Officio   President  of  Supervisors. 

^  Sec.  5.  The  Mayor  shall  be  President  of  the  Board  of  Super- 
visors by  virtue  of  his  office.  He  may  call  extra  sessions  of  the 
Board,  and  shall  communicate  to  them  in  Avriting  the  objects  for 
which  they  have  been  convened;  and  their  acts  at  such  sessions 
shall  be  confined  to  such  objects. 

President  Pro  Tern.     Vacancy  in   IViayoralty. 

Sec.  6.  When  and  so  long  as  the  Mayor  is  temporarily  unable 
to  perform  his  duties,  a  member  of  the  Board  shall  be  chosen 
President  pro  tempore,  who  shall  act  as  such  Mayor.     When  a 


Article  IV,  Chapter  II,  Executive  Department.  Al 

vacancy  occurs  in  the  office  of  Mayor,  it  shall  be  filled  for  the 
unexpired  term  by  the  Supervisors. 

CHAPTER  II. 

THE  AUDITOR. 
Auditor:     Qualifications.     Term.     Salary.     Duties. 

Section  1.  The  head  of  the  Finance  Department  of  the  City 
and  County  shall  be  designated  the  Auditor.  He  shall  be  an 
elector  of  the  City  and  County  at  the  time  of  his  election  and 
must  have  been  such  for  at  least  five  years  next  preceding  snch 
time.  He  shall  be  elected  by  the  people  and  hold  office  for  two 
years.  He  shall  receive  an  annual  salary  of  four  thousand  dol- 
lars. The  Auditor  must  always  know  the  exact  condition  of  the 
treasury  and  every  demand  upon  it.  He  shall  be  in  personal  at- 
tendance at  his  office  daily  during  office  hours.  He  shall  be  the 
general  accountant  of  the  City  and  County,  and  shall  receive 
and  preserve  in  his  office  all  accounts,  books,  vouchers,  documents 
and  papers  relating  to  the  accounts  and  contracts  of  the  City  and 
County,  its  debts,  revenues  and  other  financial  affairs.  He  shall 
give  information  as  to  the  exact  condition  of  the  treasury  and  of 
every  appropriation  and  fund  thereof,  upon  demand  of  the  Mayor, 
the  Super^dsors,  or  any  committee  or  members  thereof. 

Appointees.     Qualifications.     Salaries. 

Sec.  2.  The  Auditor  shall  appoint  a  Deputy  Auditor,  who 
shall  possess  the  qualifications  required  of  the  Auditor,  and  who 
shall  receive  an  annual  salary  of  twenty-four  luindred  dollars. 
The  Auditor  may  also  appoint  two  assistant  deputies,  who  shall 
each  receive  an  annual  salary  of  fifteen  hundred  dollars,  and  two 
clerks,  who  shall  each  receive  an  annual  salary  of  twelve  hundred 
dollars.  He  may  employ  such  number  of  extra  clerks  during  the 
time  their  services  may  be  necessary  for  the  lawful  discharge  of 
his  official  duties,  as  the  Board  of  Supervisors  may  designate. 
Such  extra  clerks  shall  each  receive  a  salary  not  to  exceed  one 
hundred  dollars  a  month  for  the  time  they  shall  be  actually  em- 
ployed. The  Auditor  shall  be  allowed  to  expend  not  exceeding 
eightoon  hundred  dollars  a  year  for  counsel  and  attorney's    fees. 

Demands   Must  Be  Audited. 

Sec.  3.  The  Auditor  shall  keep  an  account  of  all  moneys  paid 
into  and  out  of  the  treasury,  and  the  'JVcasurcr  shall  pay  no  money 
out  of  the  treasury  cxccpl  upon  dcinand  approved  by  the  Auditor. 
Any  ordinance  or  law  providing  for  the  iiayincnt  of  any  demand 
out  of  the  treasury  or  any  fund  thereof  (whether  from  pultlie 
funds  or  from  private  funds  deposited  therein)  shall  always  be 
ecmstrued  as  requiring  the  auditing  of  such  (h-mand  by  the  Au- 
ditor before  the  same  be    paid. 


42  Cltorfer  of  the  City  and  County  of  San  Francisco. 

Demands  to  Be  Numbered  and  Recorded. 

Sec.  4.  He  shall  number  and  keep  an  official  record  of  all  de- 
mands aiulitod  l)y  him,  showing  the  number,  date,  amount,  name 
of  the  orisrinal  holder,  on  what  account  allowed,  against  what 
appropriation  drawn,  out  of  what  fund  payable,  and,  if  previously 
ajiproved  or  aHowed,  by  what  officer,  department  or  board  it  has 
been  so  approved  or  allowed.  It  shall  be  misconduct  in  office  for 
the  Auditor  to  deliver  a  demand  with  his  official  approval  until 
this  requirement  shall  have  been  complied  with. 

Approval  of  Demands. 

Sec.  5.  The  Auditor  shall  approve  no  demand  unless  the  same 
has  been  allowed  by  every  officer,  board,  department  and  com- 
mittee required  to  act  thereon. 

Auditor  Must  Deduct  Debits  from   Demands. 

Sec.  6.  No  demand  shall  be  allowed  by  the  Auditor  in  favor 
of  any  corporation  or  person  in  any  manner  indebted  to  the  City 
and  County,  except  for  taxes  not  delinquent,  without  first  deduct- 
ing the  amount  of  any  indebtedness  of  which  he  has  notice;  nor 
in  favor  of  any  person  having  the  collection,  custody  or  disburse- 
ment of  public  funds,  unless  his  account  has  been  presented, 
passed,  approved  and  allowed  as  herein  required;  nor  in  favor 
of  any  officer  who  has  neglected  to  make  his  official  returns  or 
reports  in  the  manner  and  at  the  time  required  by  law,  ordinance, 
or  the  regulations  of  the  Supervisors;  nor  in  favor  of  any  officer 
who  has  neglected  or  refused  to  comply  with  any  of  the  provi- 
sions of  law  regulating  his  duties,  nor  in  favor  of  any  officer  or 
employee  for  the  time  he  shall  have  absented  himself  without 
legal  cause  from  the  duties  of  his  office  during  office  hours.  The 
Auditor  must  always  examine  on  oath  any  person  receiving  a  sal- 
ary from  the  City  and  County  touching  such  absence. 

The  Auditor  may  require  any  person  presenting  for  settlement 
an  account  or  claim  for  any  cause  against  the  City  and  County  to 
be  sworn  before  him  touching  such  account  or  claim,  and  when 
so  sworn,  to  answer  orally  as  to  any  facts  relative  to  the  justice 
of  such  account  or  claim.  Moneys  placed  in  the  Special  Deposit 
Fund  shall  not  be  subject  to  the  provisions  of  this  section. 

Demands  IVIust  Be  Indorsed  by  Auditor. 

Sec.  7.  Every  demand  upon  the  Treasurer,  except  the  salary 
of  the  Auditor,  must  before  it  can  be  paid,  be  presented  to  the 
Auditor,  who  shall  satisfy  himself  whether  the  money  is  legally 
due,  and  its  payment  authorized  l)y  law,  and  against  what  appro- 
priation payable  and  out  of  what  fund  it  is  payable.  If  he  allow 
it,  he  shall  endorse  upon  it  the  word  "Allowed,"  with  the  name 
of  the  fund  out  of  which  it  is  payable,  and  the  date  of  such  allow- 
ance, and  sign  liis  name  thereto.  No  demand  shall  be  approved, 
allowed,  audited  or  paid  unless  it  specify  each  special  item,  date 


Article  IV,  CJmpter  III,  Executive  Department.  43 

and  amount  composing  it,  and  refer  by  chapter  and  section  to  the 
provisions  of  this  Charter  authorizing  the  same. 

Register   of    Warrants. 

Sec.  8.  The  Auditor  shall  keep  a  register  of  warrants,  showing 
the  funds  upon  which  they  are  drawn,  the  number,  in  whose 
favor,  for  what  service,  the  appropriation  applicable  to  the  pay- 
ment thereof,  when  the  liability  accrued,  and  a  receipt  from  the 
person  to  whom  the  warrant  is  delivered.  He  shall  not  allow  any 
demand  out  of  its  order,  nor  give  priority  to  one  demand  over  an- 
other dra^vn  upon  the  same  specified  fund,  except  for  the  purpose 
of  determining  its  legality. 

CHAPTER  III. 

THE  TREASURER. 
Treasurer:      Qualifications.     Term.     Salary.     Appointees.     Salaries. 

Section  1.  There  shall  be  a  Treasurer  of  the  City  and  County, 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of  his 
election  and  who  must  have  been  such  for  at  least  five  years  next 
preceding  such  time.  He  shall  be  elected  by  the  people,  and  hold 
his  office  for  two  years.  He  shall  receive  an  annual  salary  of  four 
thousand  dollars,  which  shall  be  in  full  compensation  for  all  his 
services.  He  may  appoint  a  chief  deputy,  who  shall  receive  an 
annual  salary  of  twenty-four  hundred  dollars,  two  assistant  dep- 
uties, who  shall  each  receive  an  annual  salary  of  eighteen  hun- 
dred dollars,  and  one  clerk,  who  shall  receive  an  annual  salary  of 
twelve  hundred  dollars. 

Duties  of  Treasurer.     Deposit  of  Public  Funds  and  Procedure  Therefor. 

Sec.  2.  The  I'rcasurer  shall  receive  and  safely  keep  all  moneys 
which  shall  be  paid  into  the  treasury.  Except  as  hereinafter 
provided,  he  shall  not  lend,  exchange,  use  nor  deposit  the  same, 
or  any  part  thereof,  to  or  with  any  bank,  banker  or  person ;  nor 
pay  out  any  part  of  such  moneys,  nor  allow  the  same  to  pass  out 
of  his  personal  custody,  except  upon  demands  authorized  by  law 
or  this  Charter,  and  after  lliey  sliall  liave  been  approvcil  by  tlii- 
Auditor.  At  the  close  of  business  each  day,  he  shall  lake  an  a< 
count  of  and  enter  in  the  proper  book  the  exact  amount  of  mone} 
on  hand.  At  the  end  of  every  month  he  shall  make  out  and  file 
with  the  Mayor  and  publish  quarterly  in  the  ofiieial  newspaper  a 
statement  of  the  condition  of  the  treasury,  showing  the  amounts 
of  receipts  into  and  payments  from  the  treasury,  and  on  what 
account,  and  out  of  what  fund.  If  he  violate  any  of  the  provi- 
sions of  this  section,  he  shall  he  guilty  of  jniscoriduct  in  oni(;e, 
and  be  liable  to  removal  therefrom,  and  l)e  proceeded  against 
accordingly.  He  shall  keep  the  accounts  belonging  to  each  fund 
separate  and  distinct,  and  shall  in  no  case  pay  demands  diarge- 
ahle  against  one  fund  out  of  rnoney^  belonging  to  another.     Tie 


44  CJiartcr  of  the  City  and  County  of  8a7i  Francisco. 

shall  be  in  personal  attendance  at  his  office  each  day  during  office 
hours.  No  fees  of  any  kind  shall  be  retained  by  him,  but  the 
same,  from  whatever  source  received  or  derived,  shall  be  paid  by 
liim  into  the  treasury. 

All  moneys  paid  into  the  treasury  of  the  City  and  County  may 
be  deposited  by  the  Treasurer,  upon  the  written  consent  of  the 
Mayor,  in  any  licensed  national  bank  or  banks,  within  this  State, 
or  in  any  bank,  banks  or  corporations  authorized  and  licensed  to 
do  a  banking  business,  and  organized  under  the  laws  of  this  State, 
provided  that  such  bank  or  banks  in  which  such  moneys  are  de- 
posited shall  furnish  as  security  for  such  deposits,  bonds  of  the 
ll^nited  States  or  of  this  State,  or  of  any  County,  Municipality  or 
School  District  within  this  State,  approved  by  the  Treasurer  and 
the  City  Attorney.  The  market  value  of  the  bonds  furnished  as 
security,  shall  be  at  least  10  per  cent  in  excess  of  the  amount  of 
the  deposit  secured  thereby;  but  the  amount  of  the  deposit  shall 
in  no  case  exceed  the  face  value  of  the  bonds  furnished  as  security 
therefor.  And  provided  that  such  bank  or  banks  shall  pay  a  rea- 
sonable rate  of  interest,  not  less  than  2  per  cent  per  annum,  on 
the  daily  balances  therein  deposited. 

The  rate  of  interest  shall  be  fixed  annually  as  herein  provided 
in  the  month  of  January  of  each  year  on  all  deposits  to  be  made 
for  such  year;  provided  that  the  rate  of  interest  for  the  year  end- 
ing December  31st,  1907,  may  be  fixed  as  herein  provided  within 
ten  days  after  this  section  goes  into  effect.  The  rate  of  interest 
shall  be  fixed  by  the  Treasurer,  the  Auditor  and  the  Mayor,  and 
the  same  reported  in  writing  to  the  Board  of  Supervisors  imme- 
diately. Said  rate  of  interest  shall  be  a  reasonable  rate  and  not 
less  than  2  per  cent  per  annum  on  the  daily  balances  deposited: 
and  the  rate  of  interest  so  established  for  each  year  as  herein 
provided,  shall  be  the  uniform  rate  of  interest  required  from  all 
banks  receiving  deposits  from  the  City  and  County  for  that  year. 
Interest  on  all  moneys  deposited  as  herein  provided  for  shall  be- 
long to  the  City  and  County  and  shall  be  paid  quarterly  into  the 
general  fund  of  the  City  and  County  except  where  the  law  of  this 
Charter  otherwise  directs. 

It  shall  be  the  duty  of  the  Treasurer  to  receive  from  the  bank 
in  which  the  deposit  is  made,  a  receipt  or  receipts  in  duplicate, 
showing  the  date  and  amount  of  deposit  and  rate  of  interest  to 
be  paid  thereon,  one  copy  of  which  said  Treasurer  shall  keep  on 
file  in  his  office  and  he  shall  file  one  copy  with  the  Auditor. 

The  Treasurer  shall  keep  a  record  in  his  office,  which  shall  be 
open  to  public  inspection,  showing  at  all  times  the  amount  of 
money  on  deposit  in  all  banks  in  which  the  same  is  deposited,  and 
dates  of  deposit;  also  a  record  of  all  banks  making  application 
for  the  deposit  of  the  public  funds. 

The  total  amount  of  public  moneys  on  deposit  in  any  bank  shall 
not  at  any  time  exceed  50  per  cent  of  the  paid-up  capital  stock 


Article  IV,  Chapter  III,  Executive  Department.  45 

of  such  depository  bank  or  banks.  The  Treasurer  shall  not  have 
on  deposit  at  any  one  time  more  than  10  per  cent  of  the  public 
moneys  under  his  control  and  available  for  deposit  in  any  bank 
while  there  are  other  qualified  banks  requesting  such  deposits; 
provided,  that  the  Treasurer  shall  not  be  required  to  deposit  pub- 
lic moneys  in  any  bank  outside  the  City  and  County. 

The  receipt  issued  by  any  bank  for  deposits  made  therein,  to- 
gether with  the  bonds  held  as  security  therefor,  shall  be  held  by 
the  Treasurer  and  be  recognized  and  counted  as  cash  to  the 
amount  recited  in  tlie  receipt  by  the  officers  required  by  law  to 
count  the  same. 

Deposits,  with  interest  thereon,  shall  be  subject  to  withdrawal 
on  demand  of  the  Treasurer,  conjointly  with  that  of  the  IMayor, 
and  any  bank  receiving  the  deposit  of  pu])lic  moneys,  may,  at  any 
time,  return  the  same  to  the  Treasurer,  together  witli  interest  to 
date  of  return,  and  it  shall  be  the  duty  of  the  Treasurer,  upon 
receiving  the  return  of  such  deposit,  to  immediately  return  to  such 
bank  all  bonds  held  as  security  for  the  deposit  returned.  When 
the  Treasurer  withdraws  his  deposit,  he  shall  return,  on  the  de- 
mand of  the  bank,  such  bonds  as  were  held  as  security  for  the 
deposit  or  portion  thereof  withdrawn. 

Should  any  bank  fail  to  pay  any  public  moneys  held  on  deposit 
as  herein  provided,  the  Treasurer  (with  the  written  consent  of 
the  Mayor)  may,  after  ten  days'  written  notice  to  such  l)ank. 
proceed  to  sell  at  public  or  private  sale  such  of  the  bonds  lield  by 
him  as  security  as  he  may  see  fit;  provided,  however,  that  ho  shall 
sell  no  bonds  for  less  than  their  face  value  except  at  pul)lic  sale, 
after  ten  days'  printed  notice  in  the  official  newspaper.  The  pro- 
ceeds of  such  sale,  after  paying  all  expenses,  shall  be  credited  to 
the  account  of  the  bank,  which  deposits  the  bonds  as  eollatoral. 
Any  bank  failing  to  make  payment  may,  at  any  time  before  the 
sale  of  the  bonds  is  completed,  stop  such  sale  by  repaying  all  the 
moneys  deposited  with  it,  together  with  any  expense  that  may 
have  been  incurred  l)y  the  Treasurer  as  the  result  of  such  failure. 
Should  the  proceeds  of  any  such  sale  fail  to  fully  refiny  any 
(lef)osit,  the  balance  remaining  unpaid  may  be  collected  iti  ;iii 
action  at  law  in  the  name  of  the  City  and  County. 

The  Treasurer  shall  not  be  responsible  for  any  loss  of  public 
moneys  resulting  from  the  deposit  thereof  when  made  in  accord- 
iiiice  with  the  provisions  of  this  act.  It  sluill  })o.  the  duly  of  the 
Treasurer  to  safely  keep  all  evidence  of  indebtedness  issued  by 
banks  for  dei)osits  made  therein  and  bonds  deposited  as  security 
and  the  Treasurer  shall  be  responsible  for  such  evidence  of  in- 
debtedness and  for  bonds  held  as  security  therefor,  together  with 
the  interest  thereon  and  the  proceeds  of  any  sale  of  such  bonds; 
;md  th(^  Trciisurcr  shall  be  responsihje  to  such  bank  for  the  safe 
return  of  the  securities  furnished  by  it  to  the  Treasurer. 


46  Charter  of  the  City  and  County  of  San  Franciseo. 

The  expenses  of  transportation  of  moneys  to  or  from  the  treasury 
to  such  depositaries  shall  be  borne  by  such  depositaries. 

Nothing:  in  this  section  contained  shall  prevent  the  City  and 
County  from  buying  bonds  or  otherwise  investing  its  money  in 
any  manner  now  provided  by  law  or  this  Charter  and  nothing 
herein  contained  as  to  the  disposition  of  interest  and  public  mon 
eys  deposited  shall  apply  to  any  money  received  or  held  by  the 
City  and  County  wherein  any  law  or  this  Charter  provides  for 
the  payment  of  interest  or  profit  thereon  into  any  particular  fund. 
— As  amended  Novemher  5,  1907 ;  approved  by  the  Legislature 
Xoirmber  22,  1907  (Statutes  Special  Session,  1907,  page  18). 

Joint  Custody  Safe.     Auditor  and  Treasurer  Joint  Custodians. 

Sec.  3.  For  the  better  security  of  the  moneys  in  the  treasury, 
there  shall  be  provided  a  joint  custody  safe  in  which  shall  be  kept 
the  moneys  of  the  City  and  County.  Said  safe  shall  have  two 
combination  locks,  neither  one  of  which  alone  will  open  the  safe. 
The  Treasurer  shall  have  the  Imowledge  of  one  combination  and 
the  Auditor  of  the  other.  The  Auditor  shall  be  joint  custodian 
with  the  Treasurer  of  all  funds  in  the  joint  custody  safe;  but 
shall  have  no  control  over  them  except  to  open  and  close  the  safe 
in  conjunction  with  the  Treasurer,  when  requested  to  do  so  in 
his  official  capacity,  and  shall  not  be  held  responsible  on  his  offi- 
cial bond  for  any  shortage  which  may  occur  in  the  treasury. 

The  gold  shall  be  kept  in  bags  containing  twenty  thousand  dol- 
lars each,  and  the  silver  in  bags  containing  one  thousand  dollars 
each.  To  each  bag  shall  be  attached  a  tag  showing  the  nature  and 
amount  of  coin  contained  therein.  Each  bag  shall  be  sealed  with 
the  seal  of  each  custodian. 

There  shall  be  kept  in  the  safe  a  joint  custody  book,  showing 
the  amount  and  description  of  all  funds  in  the  safe,  and  when- 
ever any  amounts  are  withdrawn,  the  Auditor  and  Treasurer  shall 
make  the  proper  entry  in  the  joint  custody  book  and  initial  the 
same.  If  on  account  of  sickness  or  urgent  necessity  the  Auditor 
is  unavoidably  absent  the  Deputy  Auditor  shall  perform  his  du- 
ties. The  estimated  amount  of  money  required  daily  for  the  pay- 
ment of  demands  against  the  treasury  shall  be  taken  from  the 
joint  custody  safe  and  kept  in  another  safe ;  and  the  money  therein 
shall  be  balanced  daily  at  the  close  of  business  hours. 

Original  and  Duplicate  Receipts. 

Sec.  4.  The  Treasurer,  on  receiving  any  money  into  the  treas- 
ury, shall  make  out  and  sign  two  receipts  for  the  money.  Such 
receipts  shall  be  alike,  except  upon  the  face  of  one  of  them  shall 
appear  the  word  "Original,"  and  upon  the  face  of  the  other  shall 
appear  the  word  "Duplicate."  Such  receipts  shall  be  numbered 
and  dated,  and  shall  specify  the  amount,  on  what  account  and 
from  what  person  or  officer  received,  and  into  what  fund  or  on 
what  account  paid.     The  Treasurer  shall  enter  upon  the  stubs  of 


Article  IV,  Cliapter  IV,  Executive  Department.  47 

such  receipts  a  memorandum  of  the  contents  thereof,  and  deliver 
the  receipt  marked  "Original"  to  the  person  or  officer  paying 
such  money  into  the  treasury,  and  forthwith  deliver  the  receipt 
marked  "Duplicate"  to  the  Auditor,  who  shall  write  upon  its  face 
the  date  of  its  delivery  to  him,  and  charge  the  Treasurer  with  the 
amount  specified  therein,  and  file  the  receipt  in  his  office. 
Demands  Must  Specify  Items.     Unauthorized   Demands. 

Sec.  5.  No  demand  shall  l)e  paid  by  the  Treasurer  unless  it 
specify  each  several  item,  date  and  amount  composing  it,  and 
refer  by  title,  date  and  section  to  the  laAv,  or  ordinance  or  pro- 
vision of  this  Charter  authorizing  the  same ;  but  the  allowance  or 
approval  of  the  Auditor,  or  of  the  Supervisors,  or  of  any  depart- 
ment, board  or  officer,  of  any  demand  which  is  not  authorized  by 
law  or  this  Charter,  and  which  upon  its  face  appears  not  to  have 
been  expressly  made  payable  out  of  the  funds  to  be  charged  there- 
with, shall  aiford  no  warrant  to  the  Treasurer  for  paying  the  same. 
Cancellation  of  Paid  Demands.     Register  of  Unpaid   Demands. 

Sec.  6.  Every  lawful  demand  upon  the  treasury,  audited  and 
allowed  as  in  this  Charter  required,  shall  in  all  cases  be  paid  upon 
presentation,  if  there  be  sufficient  money  in  the  treasury  applic- 
able to  the  payment  of  such  demand,  and  on  payment  cancelled 
with  a  punch,  cutting  the  word  "Cancelled"  therein,  and  the 
proper  entry  thereof  made.  If,  however,  there  be  not  sufficient 
money  so  applicable,  then  it  shall  be  registered  in  a  book  kcj^t 
for  that  purpose  by  tlie  Treasurer.  Such  register  .shall  sliow  the 
special  number  given  by  the  Supervisors  or  other  authority  and 
also  by  the  Auditor  to  each  demand  presented,  also  when  pre- 
sented, the  date,  amount,  name  of  original  holdei-,  and  on  what 
account  allowed  and  against  what  ap|)ro])riation  di-awn  and  out  of 
what  specific  fund  pa.val)le.  All  demands  shall  Ix^  paid  in  the 
order  of  their  registration.  Each  (leiuaud  ujxin  l)eing  so  registered 
shall  be  returned  to  the  party  presenting  it,  with  the  endorsement 
of  the  word  "Registered,"  and  dated  and  signed  by  the  Treasurer; 
but  the  registration  of  any  demand  shall  not  operate  to  recognize 
or  make  valid  such  demand  if  incurred  contrary  to  any  of  the 
provisions  of  this  Charter. 

CTTArTER  TV. 

THE   ASSESSOR. 
Assessor's  Term,  Salary,  Appointees  and  Salaries. 

Section  1.  Thcr(!  shall  be  an  Assessor  of  llic  Cily  and  County, 
who  shall  be  an  clcfjtor  of  the  CWy  and  Counly  at  the  time  of 
his  election,  and  who  iinist  have  been  such  for  at  least  tiv('  years 
next  preceding  such  tinii".  He  shall  be  elected  by  the  pe()[)le  and 
hold  office  for  four  years.  He  shall  receive  an  annual  salary  of 
eight  thousand  dollars,  which  shall  be  in  full  compensation  for 
all  his  services.    He  nuiy  appoint  a  chief  deputy,  who  shall  receive 


48  Charter  of  the  City  and  County  of  San  Francisco. 

an  annual  salary  of  twenty-four  liundred  dollars;  one  cashier,  who 
sliall  roeeive  an  annual  salary  of  eighteen  hundred  dollars;  six 
assistant  deputies,  who  shall  receive  an  annual  salary  of  eighteen 
luiiulred  (loUars  each;  twenty-one  clerks,  who  shall  each  receive 
an  annual  salary  of  twelve  hundred  dollars;  and  during  four 
months  of  the  year  not  more  than  one  hundred  clerks,  who  shall 
each  be  paid  at  the  rate  of  not  more  than  one  hundred  dollars  a 
month  during  the  time  of  their  employment. — As  amended  De- 
cember 4,  1902;  approved  by  the  Legislature  February  5,  190.1 
(Statutes  1903,  page  586). 
Duties. 

Sec.  2.  The  Assessor  shall  assess  all  taxable  property  within 
the  City  and  County  at  the  time  and  in  the  manner  prescribed  by 
the  general  laws  of  the  State. 

CHAPTER  V. 

THE   TAX   COLLECTOR. 
Tax    Collector:     Qualifications.      Term.      Salary.      Appointees.      Salaries. 
Extra    Clerks.     Compensation. 

Section  1.  There  shall  be  a  Tax  Collector  of  the  City  and 
County,  who  shall  be  an  elector  of  the  City  and  County  at  the 
time  of  his  election  and  who  must  have  been  such  for  at  least  five 
years  next  preceding  such  time.  He  shall  be  elected  by  the  people 
and  hold  office  for  two  years.  He  shall  receive  an  annual  salary 
of  four  thousand  dollars,  which  shall  be  in  full  compensation  for 
all  his  services.  He  may  appoint  one  chief  deputy,  who  shall 
receive  an  annual  salary  of  tw^enty-four  hundred  dollars;  one 
cashier,  w^ho  shall  receive  an  annual  salary  of  twenty-four  hun- 
dred dollars;  fifteen  deputies,  who  shall  each  receive  an  annual 
salary  of  fifteen  hundred  dollars ;  and  extra  clerks,  who  shall  each 
be  paid  at  the  rate  of  not  more  than  one  hundred  dollars  a  month 
during  the  time  of  their  employment,  but  the  total  amount  of 
payment  for  such  extra  clerks  shall  not  exceed  thirty-six  thousand 
dollars  a  year. 
Tax  Collector's  Powers  and   Duties. 

Sec.  2.  The  Tax  Collector  must  collect  all  licenses  which  may 
at  any  time  be  required  by  law  or  ordinance  to  be  collected  within 
the  City  and  County.  He  shall  be  charged  with  all  taxes  levied 
upon  real  and  personal  property  within  the  City  and  County, 
upon  the  final  settlement  to  be  made  by  him  according  to  law  or 
this  Charter.  He  shall  pay  into  the  treasury,  without  any  deduc- 
tion for  commissions,  fees  or  charges  of  any  kind  or  on  any  ac- 
count, the  full  amount  of  all  taxes,  assessments  and  moneys  re- 
ceived by  him  and  not  previously  paid  over,  including  all  moneys 
paid  under  protest,  and  money  received  for  taxes  paid  more  than 
once,  and  for  street  assessments.  He  shall  also  be  charged  with, 
and  be  debtor  to  the  City  and  County  for  the  full  amount  of  all 
taxes  due  upon  the  delinquent  tax  list  delivered  to  him  for  collec- 


Article  IV,  Chapter  VI,  Executive  Department.  49 

tion,  unless  it  appear  to  the  satisfaction  of  the  Supervisors  ex- 
pressed by  resolution,  that  it  was  out  of  his  power  to  collect  the 
same  by  levy  and  sale  of  property  liable  to  be  seized  and  sold 
therefor. 
City  Attorney  to  Collect  Delinquent  Taxes. 

Sec.  3.     On  request  of  the  Assessor  or  the  Tax  Collector  the 
City  Attorney  shall  commence  and  prosecute  actions  for  the  col- 
lection of  taxes. — As  amended  December  10,  1912;  approved  by  the 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 
Licenses  in  Charge  of  Tax  Collector. 

Sec.  4.  He  shall  examine  all  persons  liable  to  pay  licenses,  and 
see  that  licenses  are  taken  out  and  paid  for.  In  the  performance 
of  their  official  duties,  he  and  his  deputies  shall  have  the  same 
powers  as  police  officers  in  serving  process  and  in  making  arrests. 
He  may  demand  the  exhibition  of  any  license  for  the  current  term 
from  any  person,  firm  or  corporation  engaged  or  employed  in  the 
transaction  of  any  business  for  which  a  license  is  required ;  and 
if  such  person,  firm  or  corporation  shall  refuse  or  neglect  to  ex- 
hibit such  license,  the  same  may  be  revoked  forthwith  by  the  Tax 
Collector. 
Auditor  to  Sign  Licenses.     Monthly  Statement  of  Licenses. 

See.  5.  The  Auditor  shall  from  time  to  time  deliver  to  the  Tax 
Collector  such  City  and  County  licenses  as  may  be  required,  and 
sign  the  same  and  charge  them  to  the  Tax  Collector,  specifying 
in  the  charge  the  amounts  thereof  named  in  such  licenses  respect- 
ively and  the  class  of  licenses,  and  take  receipts  therefor,  and  the 
Tax  Collector  shall  sign  and  collect  the  same.  The  Tax  Collector 
shall  once  in  every  month,  and  oftener  when  rc(|uire(l  by  the 
Auditor,  make  to  the  Auditor  a  report  under  oath  of  all  licenses 
sold  and  on  hand,  and  of  all  amounts  paid  to  the  Treasurer,  and 
shall  also  in  that  regard  comply  with  the  regulations  which  may 
be  prescribed  by  the  Supervisors.  At  the  time  of  making  such 
report,  the  Tax  Collector  shall  ex]ii])it  to  the  Auditor  all  licenses 
(in  hand  and  the  Treasurer's  receipts  for  all  moneys  paid  into  the 
treasury, 

CHAPTER  VI. 
THE  CORONER. 
Coroner.     Qualifications.     Term.     Salary.     Duties.     Morgue. 

Section  1.  There  shall  be  a  Coroner  of  the  City  and  County 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of  his 
election  and  who  must  have  been  sudi  for  at  h-ast  five  years  next 
I)receding  such  election.  He  shall  Ik;  elected  by  the  people  and 
hold  office  for  two  years.  He  shall  receive  an  annual  salary  of 
four  thousand  dollars.  He  shall  perform  such  duties  as  may  l)e 
prescribed  by  law  or  ordinance.  He  shall  have  the  ctmtrol  and 
management' of  the  Morgue  of  the  City  and  ('ounty  under  stich 
ordinances  as  the  Supervisors  may  adoj)t. 


50  Charter  of  the  City  and  County  of  San  Francisco. 

Appointees.     Salaries. 

Sec.  2.  He  may  appoint  an  autopsy  physician  who  shall  re- 
ceive an  annual  salary  of  twenty-four  hundred  dollars;  a  chief 
deputy,  who  shall  receive  an  annual  salary  of  twenty-four  hun- 
dred dollars:  three  assistant  deputies,  who  shall  each  receive  an 
annual  salary  of  fifteen  hundred  dollars;  a  stenographer  and  type- 
writer, who  shall  receive  an  annual  salary  of  eighteen  hundred 
dollars;  and  a  messenger,  who  shall  receive  an  annual  salary  of 
nine  hundred  dollars. 

CHAPTER  VII. 

THE  RECORDER. 
Recorder:  Qualifications.  Term.  Salary.  Appointees.  Copyists.  Com- 
pensation. 
Section  1.  There  shall  be  a  Recorder  of  the  City  and  County 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of 
his  election  and  who  must  have  been  such  for  at  least  five  years 
next  preceding  such  election.  He  shall  be  elected  by  the  people 
and  shall  hold  office  for  two  years.  He  shall  receive  an  annual 
salary  of  four  thousand  dollars.  He  may  appoint  a  chief  deputy, 
who  shall  receive  an  annual  salary  of  twenty-four  hundred  dol- 
lars; five  assistant  deputies,  who  shall  each  receive  an  annual 
salary  of  eighteen  hundred  dollars;  nine  clerks,  who  shall  each 
receive  an  annual  salary  of  fifteen  hundred  dollars;  one  machinist, 
who  shall  receive  an  annual  salary  of  fifteen  hundred  dollars; 
one  messenger,  who  shall  receive  an  annual  salary  of  twelve  hun- 
dred dollars.  He  may  also  appoint  as  many  copyists  as  he  may 
deem  necessary,  who  shall  receive  not  more  than  six  cents  for 
each  one  hundred  words  actually  written;  but  no  copjdst  shall  be 
paid  a  greater  compensation  at  this  rate  than  amounts  in  the 
aggregate  to  one  hundred  and  twenty-five  dollars  a  month. — As 
amended  November  15,  1910;  approved  hy  the  Legislature  Feb- 
ruary 17,  1911  (Statutes,  1911,  page  1661). 

Custodian  of  Public  Records.     Duties. 

Sec.  2.  The  Recorder  shall  take  into  his  custody  and  safely 
keep  all  books,  records,  maps  and  papers  deposited  in  his  office. 
Cpon  demand  and  payment  of  the  fees  prescribed  therefor  by  law 
or  by  ordinance,  he  must  furnish  to  any  one  applying  therefor  a 
copy  of  any  such  book,  record,  map  or  paper,  certified  under  the 
hand  and  seal  of  his  office.  "When  any  papers  are  presented  for 
filing  or  recording,  he  or  his  deputies  shall  write  on  the  margin 
of  each  paper  so  presented  the  number  of  folios,  the  amount  paid 
for  recording  the  same,  and  shall  number  consecutively  all  instru- 
ments and  documents  filed  in  his  office.  He  shall  also  perform 
all  other  duties  at  the  time  and  in  the  manner  prescribed  by  the 
general  laws  of  the  State. 


Article  V,  CJmpter  II,  Legal  Department.  51 

ARTICLE  V. 

LEGAL  DEPART:\rENT. 

CHAPTER  I. 

THE   SUPERIOR  COURT  JUDGES. 
Court  Interpreters. 

Section  1.  The  Judges  of  the  Superior  Court  of  the  City  and 
County  may  appoint  not  to  exceed  five  interpreters  of  foreign 
languages,  who  shall  act  as  such  interpreters  in  criminal  actions 
and  proceedings  in  all  the  courts  in  the  City  and  County,  and  in 
examinations  before  Coroner's  juries. 
Court   Stenographers.     Compensation. 

Sec.  2.  The  stenographers  in  the  Criminal  Departments  of  the 
Superior  Court  shall  each  receive  an  annual  salary  not  exceeding 
twenty-four  hundred  dollars,  which  shall  be  in  full  compensation 
for  all  services,  including  transcription  and  all  stationery  used 
by  them. 

CHAPTER  II. 

THE  CITY  ATTORNEY. 
City  Attorney:     Salary,     Term.     Qualifications. 

Section  1.  There  shall  be  an  Attorney  and  Counselor  of  the 
City  and  County,  who  shall  be  styled  City  Attorney,  and  who 
shall  receive  an  annual  salary  of  five  thousand  dollars.  He  shall 
be  elected  hy  the  people  and  shall  hold  office  for  the  period  of 
two  years.  He  must  be  at  the  time  of  his  election  an  elector  of 
the  City  and  County  and  qualified  to  practice  in  all  the  courts  of 
this  State,  and  he  must  have  been  so  qualified  for  at  least  ten 
years  next  preceding  his  election,  during  live  years  of  which  he 
must  have  been  an  actual  resident  of  the  City  and  (.ounty.  ITo 
shall  devote  his  entire  time  and  attention  to  the  duties  of  his 
office. 
Duties. 

Sec.  2.  He  must  prosecute  and  defend  for  tlie  ("ity  aud  County 
all  actions  at  law  or  in  equity,  and  all  sjiecial  jirocct'diugs  for  or 
against  the  City  and  County;  and  whenever  any  cause  of  action 
at  law  or  in  equity  or  by  special  procedings  exists  in  favor  of 
the  City  and  County  he  shall  commence  the  same  when  within 
his  knowledge,  and,  if  not  within  liis  knowh'dge,  when  directed 
to  do  so  by  resolution  of  the  Supervisors.  He  shall  give  legal 
advice,  in  writing,  to  all  officers,  boards  and  commissions  named 
in  this  Charter,  when  re(iuested  so  to  do  by  them,  or  eilh(>r  of 
them,  in  writing,  upon  questions  arising  in  tbeir  separate  depart- 
ments involving  the  rights  or  liabilities  of  the  City  and  (Jounty. 
He  .shall  not  settle  or  dismiss  any  litigation  for  or  against  the 
City  and  County  under  his  control  unless  upon  his  written  rccoin 
mendation  he  is  ordered  to  do  so  by  the  Mayor  and  Supervisors. 


52  Charter  of  ihe  City  and  County  of  San  Francisco. 

Records  of  City's  Legal  Proceedings. 

See.  3.  He  shall  keep  on  file  in  his  oflfice  all  written  communi- 
cations and  opinions  given  by  him  to  any  officer,  board  or  depart- 
ment; the  briefs  and  transcripts  used  in  causes  wherein  he  ap- 
pears; and  bound  books  of  record  and  registry  of  all  actions  or 
proceedings  in  his  charge  in  which  the  City  and  County  is  inter- 
ested. 

Delivery  of  Records  to  Successor. 

Sec.  4.  He  shall  deliver  all  books  and  records,  reports,  docu- 
ments, papers,  statutes,  law  books  and  property  of  every  descrip- 
tion in  his  possession,  belonging  to  his  office,  or  to  the  City  and 
County,  to  his  successor  in  office,  who  shall  give  him  duplicate 
receipts  therefor,  one  of  which  he  shall  file  with  the  Auditor. 

Appointees.      Assistants.      Salaries.      Clerks.      Salaries. 

Sec.  5.  The  City  Attorney  may  appoint  four  assistants,  the 
first  of  whom  shall  receive  an  annual  salary  of  thirty-six  hundred 
dollars;  the  second  an  annual  salary  of  three  thousand  dollars; 
the  third  an  annual  salary  of  twenty-four  hundred  dollars,  and  the 
fourth  an  annual  salary  of  eighteen  hundred  dollars.  He  may  also 
appoint  a  chief  clerk,  who  shall  receive  an  annual  salary  of  eigh- 
teen hundred  dollars;  an  assistant  clerk,  who  shall  receive  an 
annual  salary  of  nine  hundred  dollars;  a  stenographer  and  type- 
writer, who  shall  receive  an  annual  salary  of  nine  hundred  dol- 
lars; and  a  messenger,  who  shall  receive  an  annual  salary  of 
nine  hundred  dollars.  An  officer  of  the  Police  Department  shall 
be  permanently  detailed  by  the  Chief  of  Police  for  the  purpose 
of  doing  the  detective  w^ork  necessary  in  preparing  and  prosecut- 
ing the  litigation  of  the  office,  who  shall  continue  to  serve  on 
such  detail  during  the  pleasure  of  the  City  Attorney.  The  assist- 
ants and  the  chief  clerk  must  each,  at  the  time  of  his  appoint- 
ment, be  qualified  to  practice  in  all  the  courts  of  this  State,  and 
must  have  been  so  qualified  at  least  two  years  next  preceding  his 
appointment.  The  assistants,  clerks,  typewriter  and  messenger 
shall  be  appointed  by  the  City  Attorney,  and  shall  hold  their 
offices  at  his  pleasure,  and  the  specific  duties  of  each  shall  be  pre- 
scribed by  him. 

CHAPTER  III. 

THE    DISTRICT   ATTORNEY. 
District  Attorney:     Term,  Qualifications  and  Salary. 

Section  1.  The  District  Attorney  shall  be  elected  by  the  peo- 
ple and  shall  hold  office  for  two  years.  He  shall  be  an  elector  of 
the  City  and  County  and  must  at  the  time  of  his  election  be  quali- 
fied to  practice  in  all  the  courts  of  this  State,  and  must  have  been 
so  qualified  for  at  least  five  years  next  preceding  his  election.  He 
shall  receive  an  annual  salary  of  five  thousand  dollars. 


Article  V,  Chapter  HI,  Legal  Department.  53 

Powers  and   Duties. 

See.  2.  The  District  Attorney  shall  have  all  the  powers  con- 
ferred, and  shall  discharge  all  the  duties  imposed  upon,  the  Dis- 
trict Attorneys  of  counties  by  the  general  laws  of  this  State,  and 
in  addition  thereto  shall  attend,  institute  and  conduct,  on  behalf 
of  the  people,  all  prosecutions  cognizable  in  the  Police  Court  of 
the  City  and  County.  He  shall  draw  all  complaints  and  warrants 
in  said  Police  Court,  prosecute  all  forfeited  recognizances  therein, 
and  all  actions  for  the  recovery  of  fines,  penalties,  and  forfeitures 
accruing  to  the  City  and  County;  deliver  receipts  for  money  or 
property  received  in  his  official  capacity,  and  file  duplicates  there- 
for with  the  County  Treasurer;  file  with  the  Auditor  on  the 
first  IMondays  of  January,  April,  July  and  October  in  each  year, 
an  itemized  statement  under  oath  showing  all  moneys  received 
by  him  in  his  official  capacity  during  the  preceding  three  months ; 
keep  a  register  of  his  official  business  in  which  must  be  entered 
a  note  of  every  action,  whether  criminal  or  civil,  prosecuted  ofli- 
cially  by  him,  and  of  the  proceedings  therein ;  and  give,  when 
required,  without  fee,  advice  to  the  Board  of  Police  Commission- 
ers, the  Chief  of  Police,  the  Board  of  Health  and  the  Coroner, 
upon  matters  relating  to  the  duties  of  their  respective  offices. 

Appointees.    Assistants.    Salaries.     Duties. 

Sec.  3.  He  may  appoint  seven  Assistant  District  Attorneys  to 
aid  him  in  the  discharge  of  his  official  duties,  tlirce  of  whom  shall 
act  as  prosecutors  in  the  Superior  Court,  and  sliall  each  receive 
an  annual  salary  of  thirty-six  hundred  dollars,  and  four  of  whom 
shall  act  as  the  prosecuting  attorneys  of  the  Police  Court,  and 
shall  each  receive  an  annual  salary  of  twenty-four  hundred  dollars. 
When  any  of  the  assistants  of  the  District  Attorney  acting  as 
such  prosecuting  attorneys  in  the  Police  Court  are  not  actually 
engaged  in  work  connected  with  pro.secutions  therein,  they  shall 
be  at  the  call  of  the  District  Attorney  for  any  service  connected 
with  his  department.  The  assistants  must  each,  at  the  time  of 
his  appointment,  be  qualified  to  practice  in  all  the  courts  of  this 
State,  and  must  have  been  so  qualified  for  at  least  two  years  next 
preceding  his  appointment.  The  District  Attorney  may  also  ap- 
jioint  one  cliicf  clerk,  who  shall  receive  an  animal  salary  of  eigli- 
teen  hundred  dollars;  one  assistant  clerk,  who  shall  receive  an 
annual  salary  of  twelve  hundred  dollars;  and  one  slcnogrnplicr 
and  typewriter,  who  shall  receive  an  ;innii;il  s.-il.u-y  of  iiini>  imii- 
dred  dollars. 

To  Purchase   Property  on   Execution  Sales. 

Sec.  4.  'i'lie  District  Attorney  may,  in  the  name  of  the  City 
and  County,  bid  for  and  piireliase  property  at  execution  sales 
under  judgnienis  for  the  recovery  of  lines,  penalties  or  forfeitures 
accruing  to  the  City  and  County. 


54  Charter  of  ihe  City  and  County  of  San  Francisco. 

CHAPTER  IV. 

THE    PUBLIC   ADMINISTRATOR. 
Public    Administrator:       Powers    and    Duties.      Allowed    Fees    for    Com- 
pensation. 

Section  1.  The  Public  Administrator  shall  be  elected  by  the 
people,  and  he  shall  hold  office  for  two  years.  He  shall  have  all 
the  powers  conferred,  and  shall  discharge  all  the  duties  imposed 
upon,  the  Public  Administrators  of  counties  by  the  general  laws 
of  this  State,  except  as  in  this  Charter  otherwise  specifically  pro- 
vided. He  shall  be  entitled  to  all  such  fees  as  may  be  allowed  by 
law  to  the  Public  Administrators  of  the  counties  of  the  State  in 
full  compensation  for  all  his  services. 

CHAPTER  Y. 

THE  COUNTY  CLERK. 
County  Clerk:     Term.   Powers  and  Duties.   Clerk  of  Police  Court.    Salary. 

Section  1.  The  County  Clerk  shall  be  elected  by  the  people 
and  shall  hold  office  for  two  years.  He  shall  have  all  the  powers 
conferred,  and  shall  discharge  all  the  duties  imposed  upon,  the 
County  Clerks  of  counties  by  the  general  laws  of  this  State,  and 
in  addition  thereto  shall  attend  and  act  as  Clerk  of  the  Police 
Court,  keep  the  dockets  and  registers  thereof,  and  take  charge  of 
and  safely  keep  all  books,  papers  and  records  which  may  be  filed 
or  deposited  in  his  office  pertaining  to  the  Police  Court  He  shall 
receive  an  annual  salary  of  four  thousand  dollars. 
Appointees.  Salaries.  Cashier,  Courtroom  Clerks.  Register  Clerks. 
Copyists.     Police  Court  Clerks. 

Sec.  2.  To  aid  him  in  the  discharge  of  his  official  duties,  the 
County  Clerk  may  appoint  a  Chief  Register  Clerk,  who  shall  re- 
ceive an  annual  salary  of  twenty- four  hundred  dollars;  a  Cashier, 
who  shall  receive  an  annual  salary  of  eighteen  hundred  dollars; 
twelve  Court  Room  Clerks  for  the  Superior  Court,  who  shall  each 
receive  an  annual  salary  of  fifteen  hundred  dollars;  five  Register 
Clerks,  who  shall  each  receive  an  annual  salary  of  eighteen  hun- 
dred dollars;  ten  Assistant  Register  Clerks,  who  shall  each  re- 
ceive an  annual  salary  of  fifteen  hundred  dollars;  sixteen  copy- 
ists, who  shall  each  receive  an  annual  salary  of  twelve  hundred 
dollars;  and  four  Clerks  for  the  Police  Court,  who  shall  each 
receive  an  annual  salary  of  fifteen  hundred  dollars. 
Copies  of  Papers.    Charges. 

Sec.  3.  For  copies  of  papers  furnished  and  certified  by  him,  he 
shall  charge  not  more  than  eight  cents  for  each  one  hundred 
words.  For  certifying  copies,  which  are  not  prepared  by  him,  he 
shall  be  entitled  to  charge  twenty-five  cents  and  also  forty  cents 
an  hour  for  the  time  exceeding  one  hour  necessarily  occupied  in 
comparing  such  copies.  He  must  certify  all  papers  presented  to 
him  which  are  copies  of  any  document,  paper  or  record,  or  por- 
tions thereof,  in  his  custody. 


Article  V,  Chapter  VI,  Legal  Department.  55 

CHAPTER  VI. 

THE   SHERIFF. 

Sheriff:     Term.     Salary.     Powers  and   Duties. 

Section  1.  The  Sheriff  shall  be  elected  by  tlie  people,  and  he 
shall  hold  office  for  two  years.  He  shall  receive  an  annual  salary 
of  eight  thousand  dollars,  which  shall  be  in  full  compensation  for 
all  official  services  required  of  him  by  law;  but  said  salary  shall 
be  exclusive  of  the  compensation  received  by  him  from  the  State 
for  the  delivery  of  prisoners  to  the  State  prisons,  and  insane  per- 
sons to  the  State  asylums  for  the  insane.  He  shall  have  all  the 
powers  conferred,  and  shall  discharge  all  the  duties  imposed  upon 
the  Sheriffs  of  counties  by  the  general  laws  of  this  State. 

Appointees.     Salaries. 

See.  2.  He  may  appoint  the  following  deputies  and  employees, 
who  shall  each  respectively  receive  the  following  annual  salaries : 

One  Under  Sheriff,  twenty-four  hundred  dollars;  one  Attorney, 
eighteen  hundred  dollars ;  one  Chief  Bookkeeper,  eighteen  hun- 
dred dollars;  two  Assistant  Bookkeepers,  fifteen  hundred  dollars; 
ten  Office  Deputies,  fifteen  hundred  dollars;  fourteen  Bailiffs, 
twelve  hundred  dollars;  one  Chief  Jailer  at  Branch  Jail  Nunil)er 
One,  eighteen  hundred  dollars;  ten  Jailers  at  Branch  Jail  Num- 
ber One,  twelve  hundred  dollars;  one  Superintendent  of  Branch 
Jails  Numbers  Two  and  Three,  eighteen  hundred  dollars;  sixteen 
Guards  at  Branch  Jail  Number  Two,  six  hundred  dollars;  one 
^Matron  at  Branch  Jail  Number  Three,  nine  luindred  dollars;  six 
Guards  at  Branch  Jail  Number  Three,  six  hundred  dollars;  one 
Commissary  to  act  for  all  jails,  fifteen  hundred  dollars:  one  Driver 
of  Van,  nine  hundred  dollars;  and  one  Bookkeeper  for  all  said 
Branch  Jails,  fifteen  hundred  dollars. 

Duties  of  Deputies. 

Sec.  3.  The  Sheriff  may  designate  the  services  to  be  performed 
by  his  deputies. 

CHAPTER  VII. 

THE    JUSTICES'    COURT. 

Justices  of  the  Peace.     Salaries.     Chief  Clerk.     Deputies. 

Section  1.  The  Justices  of  the  rcacc  shall  each  receive  an  an- 
nual salary  of  tweiity-four  hundred  dollars,  except  the  I'rcsitling 
Justice,  who  shall  receive!  an  annual  salary  of  Iwcnly  seven  luin- 
dred dollars.  They  shall  appoint  a  Chief  (!lerk  who  shall  hold 
office  for  two  years,  and  receive  an  annual  salary  of  twenty-four 
hundred  dollars.  The  Chief  Clerk  may  appoint  five  deputies,  each 
of  whom  shall  receive  an  annual  salary  of  twelve  hundred  dollars. 


56  Charier  of  the  City  and  County  of  San  Francisco. 

CHAPTER  VIII. 

THE    POLICE    COURT. 

Police  Court.    Four  Judges.    Term.    Salary.     Qualifications.     Departments. 
Presiding  Judge.     Sessions  of  Court. 

Section  1.  There  is  hereby  created  and  established  in  and  for 
the  City  and  County  of  San  Francisco  a  Court  to  be  known  as 
the  Police  Court  of  the  City  and  County  of  San  Francisco.  Said 
Court  shall  consist  of  four  Judges,  who  shall  be  elected  by  the 
people  and  hold  office  for  four  years.  They  shall  each  receive  an 
annual  salary  of  thirty-six  hundred  dollars.  They  shall  be  elec- 
tors of  the  City  and  County  at  the  time  of  their  election,  and  must 
have  been  such  for  at  least  five  years  next  preceding  such  time. 
No  person  shall  be  eligible  to  the  office  of  Judge  of  the  Police 
Court  who  is  not  at  the  time  of  his  election  qualified  to  practice 
in  all  the  Courts  of  this  State,  and  who  has  not  been  so  qualified 
for  at  least  five  years  next  preceding  his  election.  The  Court 
shall  be  divided  into  departments  known  as  Department  Number 
One,  Department  Number  Two,  Department  Number  Three,  and 
Department  Number  Four.  The  Judges  of  such  Court  may  hold 
as  many  sessions  of  the  Court  at  the  same  time  as  there  are  Judges 
thereof.  The  Judges  who  shall  be  elected  at  the  first  election 
under  this  Charter  shall  so  classify  themselves  by  lot  that  two  of 
them  shall  go  out  of  office  in  two  years  and  two  of  them  in  four 
years. 

Tliey  shall  choose  from  their  number  a  Presiding  Judge,  who 
shall  serve  for  one  year.  The  Presiding  Judge  shall  assign  the 
Judges  to  their  respective  departments;  but  any  of  the  Judges 
may  preside  in  any  of  the  departments  in  the  absence  or  inability 
of  the  Judge  regularly  assigned  thereto. 

The  judgments,  orders  and  proceedings  of  any  session  of  the 
Court  held  by  any  one  or  more  of  the  Judges  shall  be  equally 
effectual  as  if  all  the  Judges  had  presided  at  such  session. 

Jurisdiction.    Violation  of  Ordinances.    Other  Misdemeanors  and  Felonies. 
Powers    in    Criminal    Actions. 

Sec.  2.  The  Police  Court  of  the  City  and  County  of  San  Fran- 
cisco shall  have : 

Fi7'st — Exclusive  jurisdiction  of  all  prosecutions  for  the  viola- 
tion of  ordinances  of  the  Board  of  Supervisors. 

Second — Concurrent  jurisdiction  w'ith  the  Superior  Court  of  all 
other  misdemeanors  and  of  the  examination  of  all  felonies  com- 
mitted in  the  City  and  County. 

Third — Said  Court,  or  any  Judge  thereof,  shall  have  the  same 
powers  in  all  criminal  actions,  cases,  examinations  and  proceed- 
ings as  are  now  or  may  her^^ifter  be  conferred  by  law  upon  Jus- 
tices of  the  Peace. 


Article  V,  Chapter  VIII,  Legal  Department.  57 

Proceedings,   How  Conducted. 

Sec.  3.  Proceedings  in  said  Court  shall  be  condncted  in  ac- 
cordance with  the  laws  of  this  State  regulating  proceedings  in 
Justices'  and  Police  Courts  and  appeals  to  the  Superior  Court; 
and  said  Court  or  any  Judge  thereof  shall  have  the  same  power 
in  all  criminal  actions,  cases  and  proceedings  as  are  now  or  may 
be  hereafter  conferred  by  the  general  laws  of  this  State  upon 
Justices  of  the  Peace ;  provided,  that : 

First — No  case  shall  be  dismissed  or  fine  imposed  until  the  tes- 
timony for  the  prosecution  shall  be  taken. 

Second — Any  defendant  who  neglects  to  file  his  statement  on 
appeal  within  ten  days  after  sentence  shall  lose  his  right  to  ap- 
peal, unless  good  cause  for  the  delay  be  shown  by  affidavit.  Press 
of  business  on  the  part  of  defendant's  attorney  shall  not  be 
deemed  good  cause  for  delay.  Unless  the  District  Attorney  sliall 
file  amendments  to  the  proposed  statement  on  appeal  within  five 
days  after  the  same  shall  have  been  filed  and  served,  the  proposed 
statement  on  appeal  shall  be  the  statement  on  appeal.  The  Judge 
before  whom  the  case  was  tried  shall  settle  the  statement  on  appeal 
within  five  days  after  the  District  Attorney  shall  have  filed  his 
amendments  to  the  proposed  statement. 

Third — Any  person  who  shall  solicit  or  importune  any  of  said 
Judges,  either  before  or  after  judgment,  to  dismiss  a  case,  or 
mitigate  a  sentence,  unless  the  same  be  done  in  open  court,  shall 
be  guilty  of  a  contempt  of  court. 

Fourth — A  complaint  may  be  demurred  to  on  the  ground  that 
it  does  not  set  forth  the  offense  charged  with  such  particularities 
of  time,  place,  person  and  property  as  to  enable  the  defendant  to 
understand  distinctly  the  character  of  the  offense  complained  of. 
and  the  complaint  may  be  amended  by  permission  of  tli(>  Court 
after  a  demurrer  is  sustained. 

Fifth — A  defendant  in  custody  shall  have  llic  ritilif  to  be  Iricil 
before  a  defendant  on  bail,  and  felonies  shall  be  heard  Ijcforc  mis- 
demeanors. 

Sixth — The  Judges  of  said  Court  shall  try  all  cases  as  speedily 
as  possible,  and  must  refuse  continuances  after  the  first  calling  of 
a  case  for  trial  except  upon  affidavit  showing  good  cau.se  therefor. 

Hevenlh—OVaav  than  lawfully  authorized  surety  companies,  no 
person  shall  be  eligible  to  be  a  bond.sman  for  any  defendant  on 
trial  in  the  Police  Court,  or  on  appeal  from  a  judgment  therein, 
except  he  take  an  oath  that  the  properly  specified  in  the  under- 
taking is  in  the  City  and  Cf)unty  of  San  Francisco,  and  that  he  i.s 
worth  the  amount  .specified,  exclusive  of  pro[)erty  exempt  frotii 
execution,  and  exclu.sive  of  all  demands  for  which  lie  may  become 
liable  by  reason  of  the  forfeiture  of  any  appeal  or  l«;iil  I.otkIs  for 
which  he  is  surety. 


58  ("hard  r  of  (lie  Citij  and  County  of  San  Francisco. 

District  Attorney  Must  Attend. 

See.  4.  The  District  Attorney,  either  in  person  or  by  his  As- 
sistants, nnist  be  present  at  the  session  of  the  Court  and  attend 
to  the  prosecution  of  all  eases  coming  before  it,  and  make  out  all 
coiiiphiints  and  warrants  for  the  arrest  of  persons  charged  with 
crime  to  be  prosecuted  in  said  Court. 

Warrant   and    Bond    Clerks.      Salaries.     Qualifications.     Duties.     Form    of 
Bonds,   Bail. 

Sec.  5.  The  District  Attorney  shall  appoint  a  "Warrant  and 
Rond  Clerk  who  shall  receive  a  salary  of  twenty-four  hundred 
dollars  a  year,  and  three  Assistant  Warrant  and  Bond  Clerks, 
each  of  whom  shall  receive  a  salary  of  fifteen  hundred  dollars  a 
year.  No  person  shall  be  appointed  a  Warrant  and  Bond  Clerk 
who  is  not  at  the  time  of  his  appointment  qualified  to  practice  in 
all  the  Courts  of  this  State.  The  Warrant  and  Bond  Clerk  shall 
keep  his  ofTfice  open  continuously  night  and  day  for  the  transac- 
tion of  business;  shall  draw  complaints  in  actions  in  the  Police 
Court,  and  approve  the  same  with  his  written  signature;  shall 
have  the  custody  of  all  bail  bonds  and  appeal  bonds  taken  in  the 
Police  Court;  shall  examine  the  suf^ciency  of  every  bail  bond  and 
appeal  bond  taken  in  the  Police  Court  and  make  a  return  thereon, 
within  forty-eight  hours  after  such  bond  shall  have  come  into  his 
possession,  in  the  followdng  form : 

"I,  ,  Warrant  and  Bond  Clerk  of  the 

City  and  County  of  San  Francisco,  have  examined  the  within 
bond  and  find  it  good  in  law.  I  have  examined  the  record  of  the 
City  and  County  of  San  Francisco,  and  find  the  property,  its  own- 
ers and  incumbrances  herein  described,  to  be  correct  according 

to  said  records.     (Signed ,  Warrant  and  Bond 

Clerk.)" 

The  Warrant  and  Bond  Clerk  shall  endorse  upon  the  bond  the 
time  when  it  was  issued  by  him,  or  when  it  came  into  his  posses- 
sion. He  may  issue  bail  bonds  and  appeal  bonds  when  the  liability 
thereof  does  not  exceed  two  thousand  dollars,  and  order  the  dis- 
charge from  custody  of  the  persons  for  whom  the  bonds  are 
issued;  and  he  may  take  cash  bail  to  the  extent  in  any  one  case 
of  one  thousand  dollars.  He  must  account  for  and  pay  to  the 
Treasurer  all  moneys  received  as  bail  in  the  manner  that  the 
County  Clerk  is  required  by  law  to  account  for  and  pay  moneys 
received  as  fees.  No  Clerk  of  the  Police  Court  shall  ever  take  bail 
or  order  the  release  of  any  one  charged  with  an  offense. 

Fixing  Bail. 

Sec.  6.  In  the  matter  of  fixing  bail  and  ordering  the  release 
of  prisoners  the  Warrant  and  Bond  Clerk  shall  be  subject  to  the 
Judges  of  the  Police  Court,  and  any  violation  of  a  valid  order  of 
any  of  said  Judges  shall  be  a  contempt  of  Court. 


Article  V,  Chapter  VIII,  Legal  Department.  59 

Office  Always  Open, 

Sec.  7.     For  any  failure  to  keep  the  office  of  the  "Warrant  and 
Bond  Clerk  open  continuously  he  shall  be  immediately  removed 
from  office  by  the  District  Attorney  or  by  the  IMayor. 
Who   May  Accept   Bail. 

Sec.  8.     It  shall  be  a  misdemeanor  for  any  person  other  than 
a  Judge  of  some  Court  in  the  City  and  County,  or  other  than  said 
Warrant  and  Bond  Clerk,  to  receive  bail  money  for  defendants  or 
to  order  their  discharge. 
Service  of  Papers. 

Sec.  9.  All  demurrers  to  complaints,  notices  of  motion,  state- 
ments and  bills  of  exception  on  appeal  to  the  Superior  Court, 
must  be  served  upon  the  Assistant  District  Attorney  acting  in  the 
Department  of  the  Court  in  which  the  case  is  set  for  hearing,  or 
heard  or  tried. 
Clerk  of  Police  Court.     Duties. 

Sec.  10.  The  County  Clerk  shall  be  the  Clerk  of  the  Police 
Court,  and  he  must  ])e  present  either  in  person  or  by  deputy  at 
all  sessions  of  the  Court  in  the  departments  thereof;  call  the  daily 
calendar  of  the  departments,  and  keep  full  and  complete  records 
of  all  cases  in  the  Court  and  the  disposition  made  thereof  by  the 
Court. 
Stenographers.     Duties. 

Sec.  11.  The  Police  fludges  may  appoint  not  more  than  two 
competent  stenographers  who  shall  attend  the  sessions  of  tlie 
Court  and  take  notes  of  all  preliminary  examinations  made  at  the 
sessions,  and  transcril)e  into  type-written  long  hand  all  evidence 
taken  by  either  of  them  where  the  parties  charged  have  been  held 
for  trial,  and  deliver  one  copy  of  tlie  same  to  the  Clerk  and  one 
copy  to  the  District  Attorney.  Each  of  such  stenographers  shall 
be  paid  for  all  his  services,  including  transcription  and  all  sta- 
tionery used  by  him,- an  annual  salary  of  twenty- four  hundred 
dollars. 
Justices  May  Act. 

Sec.  12.     The  Mayor  may  in  writing  appoint  any  Justice  of  the 
Peace  to  act  as  Judge  of  the  Police  Court,  or  any  department 
thereof,  during  the  temporary  absence  or  inability  of  the  Judge 
to  act. 
Chief  of  Police  to  Furnish   Daily  Calendar  of  Arrests. 

Sec.  13.  The  Chief  of  Police  shall  cau.se  to  be  made  out  and 
delivered  to  each  of  the  Clerks  of  the  Court  at  or  before  nine 
o'clock  in  the  forenoon  of  each  day  a  calendar  of  arrests  in  which 
the  cases  shall  have  been  assigned  to  the  dcpitrtments  of  the 
Court  in  afrcordancc  with  the  rules  and  regulations  established  by 
the  Police  .Judges.  Tlie  calendar  sball  state  "the  offense  charged"; 
whether  the  defendant  is  "in  custody"  or  "on  bail";  "the  amount 
of  bail";  "whether  easli  or  l»ond,"  and  "the  name  of  the  arrest- 
ing officer." 


60  Charter  of  the  City  and  County  of  Sa7i  Francisco. 

Bailiffs  in  Court. 

Sec.  14.     The  Chief  of  Police  shall  appoint  one  or  more  Police 
Officers  to  attend  the  sessions  of  the  Police  Court  in  each  depart- 
ment thereof  to  preserve   order  and  execute   the   orders  of  the 
Court. 
Rules. 

Sec.  15.     Tlie  Police  Judges  shall  adopt  all  necessary  rules  and 
regulations  for  conducting  the  business  of  the  Court. 
Attorneys'  Qualifications. 

Sec.  16.     No  attorney  shall  appear  in  said  Court  to  prosecute 
or  defend  persons  charged  with  offenses  unless  at  the  time  of  his 
appearance  he  be  qualified  to  practice  law  in  all  the  courts  of  this 
State. 
Police  Judges.    Term  of  Those  Elected  in  1898. 

Sec.  17.  The  term  of  office  of  the  Police  Judges  elected  at  the 
general  election  held  in  the  year  eighteen  hundred  and  ninety- 
eight  shall  terminate  at  the  hour  of  noon  on  the  first  Monday 
after  the  first  day  of  January  in  the  year  nineteen  hundred,  and 
they  shall  at  said  time  be  succeeded  by  the  Police  Judges  provided 
for  in  this  Chapter;  and  all  proceedings  pending  in  said  Court 
shall  be  transferred  to  the  Police  Court  created  under  this  Char- 
ter, and  the  Judges  elected  as  herein  provided  shall  have  and  ob- 
tain jurisdiction  of  the  same. 

CHAPTER  IX. 

THE    SAN    FRANCISCO    LAW    LIBRARY. 
Law  Library.     Rooms.    Act  of  the  Legislature. 

Section  1.  The  Supervisors  must  provide,  fit  up  and  furnish, 
with  fuel,  lights,  stationery,  and  all  necessary  conveniences,  at- 
tendants and  care,  rooms  convenient  and  accessible  to  the  judges 
and  officers  of  the  courts  and  of  the  municipal  government  suffi- 
cient for  the  use  and  accommodation  of  the  San  Francisco  Law 
Library,  established  under  an  Act  of  the  Legislature  of  this  State 
entitled:  "An  Act  to  provide  for  increasing  the  Law  Library  of 
the  corporation  known  as  the  San  Francisco  Law  Library,  and 
to  secure  the  use  of  the  same  to  the  Courts  held  at  San  Francisco, 
the  Bar,  the  City  and  County  Government  and  the  People  of  the 
City  and  County  of  San  Francisco,"  approved  March  9th,  1870. 
The  Supervisors  must  appropriate,  allow  and  order  paid  out  of 
the  proper  fund  such  sums  as  may  be  necessary  for  the  purposes 
aforesaid;  and  all  sums  lawfully  appropriated  and  expended  pur- 
suant hereto  shall  be  paid  out  of  the  proper  fund  on  demands  duly 
audited,  in  the  mode  prescribed  by  this  Charter  for  auditing  other 
demands  upon  the  treasury.  The  County  Clerk  must  pay  monthly 
to  the  Treasurer  of  the  San  Francisco  Law  Library  such  moneys 
as  he  shall  collect  under  the  Act  referred  to  for  the  benefit  of  said 
Law  Library. 


Article  VI,  Chapter  I,  Department  of  Public  Works.  61 

ARTICLE  VI. 

DEPARTMENT  OP  PUBLIC  WORKS. 

CHAPTER  I. 
THE  BOARD  OF  PUBLIC  WORKS. 
Board  of  Commissioners.     Appointed   by   Mayor.     Terms.     Qualifications. 
Salary. 

Section  1.  There  shall  be  a  Department  of  Public  Works  under 
the  management  of  three  Commissioners  who  shall  constitute  the 
Board  of  Public  Works,  and  who  shall  give  all  their  time  during 
official  business  hours  to  the  duties  of  their  office.  The  mem- 
bers of  said  Board  shall  be  appointed  by  the  l\Iayor.  Of  those 
first  appointed  he  shall  appoint  one  for  one  year,  one  for  two 
years,  and  one  for  three  years.  Each  year  thereafter  he  shall 
appoint  for  three  years  one  person  as  the  successor  of  the  Com- 
missioner whose  term  of  office  expires  in  that  year.  All  such  ap- 
pointments shall  be  so  made  that  not  more  than  one  member  shall 
at  any  one  time  belong  to  the  same  political  party.  No  person 
shall  be  eligible  for  appointment  as  such  Commissioner  unless  he 
is,  and  has  been  for  at  least  five  years  next  preceding  his  ai>point- 
ment,  an  elector  of  the  City  and  County.  Each  of  said  Commis- 
sioners shall  receive  an  annual  salary  of  four  thousand  dollars. 
President  of  the  Board.     Term. 

Sec.  2.  Of  the  Commissioners  first  appointed  under  this  Cliar- 
ter,  one  shall  be  designated  by  the  i\rayor  to  serve  as  President 
for  one  year.  All  subsequent  Presidents  of  the  Board  shall  1)0 
elected  by  the  members  therof  for  terms  to  ho  fixed  by  said 
Board.  The  President  of  the  Board  shall  in  eaeli  case  hold  office 
until  his  successor  has  boon  olootod  or  until  bis  membership  on 
the  Board  expires. 
Secretary  of  the  Board.     Salary.     Employees.     Compensation. 

Sec.  .S.  The  Board  may  appoint  a  Secretary  who  shall  rocoivc 
an  annual  salary  of  oightoou  luindrod  dollars.  The  Board  may 
employ  such  clerks,  suporinlondcnis.  inspectors,  enginocM's,  sur- 
veyors, deputies,  architects  and  workmen  as  shall  be  necessary 
to  a  proper  dicharge  of  their  duties  under  this  Article,  and  fix 
their  compen.sation ;  but  no  compensation  to  any  of  said  persons 
sliall  bo  greater  tlian  is  paid  in  the  case  of  similar  eniplovmonts. 
Rules  and  Regulations. 

Sec.  4.  The  Board  shall  establish  all  necessary  rules  and  regu- 
lations for  its  government,  and  for  the  perforniani-e  nf  its  duties, 
and  for  the  retrulation  and  conduct  of  its  officers  and  employees; 
and  shall  rerpiire  adef|uate  bonds  from  its  officers  and  oiTiployei's. 
exce[)t  laborers,  for  the  raillifiil  ixTforinaiu'c  of  all  their  duties 
in  such  sums  as  may  be  fixed  by  the  Sujiervisors.  Said  bonds 
shall  be  approved  by  the  ]\Iayor  and  sliall  be  filed  in  the  office  of 
the  Auditor. 


62  Charter  of  the  City  and  County  of  San  Francisco. 

Meetings.     Place  and  Time. 

Sec.  5.  The  Board  shall  hold  regular  meetings  at  least  once 
each  week  at  a  place  and  time  to  be  fixed  by  resolution  entered 
on  its  minutes.  No  changes  in  place  or  time  of  regular  meetings 
shall  be  made  without  a  resolution  passed  at  least  two  weeks  be- 
fore the  time  the  change  is  to  go  into  effect.  Such  special  meet- 
ings may  be  held  as  the  Commissioners  may  deem  necessary  after 
notice  of  the  same  has  been  posted  ten  hours  before  the  time  of 
holding  any  such  meeting.  All  meetings  shall  be  public.  No  busi- 
ness shall  be  transacted  at  an  adjourned  meeting  except  such  as 
may  have  been  under,  or  proposed  for,  consideration  at  the  meet- 
ing from  which  the  adjournment  was  had.  No  business  shall  be 
transacted  at  a  special  meeting  except  that  which  is  named  in  the 
notice  of  said  meeting.  Special  meetings  may  be  called  by  any 
member  of  the  Board.  In  every  case  where  a  power  is  exercised 
under  this  article  by  the  Board  the  vote  thereon  shall  be  taken  by 
ayes  and  noes. 

Records  to  Be  Kept.     Duties  of  Secretary. 

Sec.  6.  The  Board  shall  keep  and  preserve  a  record  of  all  its 
proceedings,  and  copies  of  all  plans,  specifications,  reports,  con- 
tracts, estimates,  certificates,  receipts,  surveys,  field  notes,  maps, 
plats,  profiles,  and  of  all  papers  pertaining  to  the  transactions  of 
the  Board.  The  Secretary  of  the  Board  shall  keep  a  record  of 
all  its  transactions,  specifying  therein  the  names  of  the  Commis- 
sioners present  at  all  the  meetings,  and  giving  the  ayes  and  noes 
upon  all  votes.  The  Secretary  shall  post  and  publish  all  orders, 
resolutions  and  notices  as  required  in  this  Chapter  or  which  the 
Board  .shall  order  to  be  posted  or  published.  He  shall  perform 
such  other  duties  as  may  from  time  to  time  be  prescribed  by  the 
Board. 

Powers  and  Duties  of  the  Board. 

Sec.  7.  The  Board  shall  be  the  successor  in  office  and  shall 
have  all  the  powers  and  perform  all  the  duties  of  the  Superin- 
tendent of  Streets,  Highways  and  Squares,  of  the  New  City  Hall 
Commissioners,  and  of  the  Commissions  in  existence  at  the  time 
this  Charter  goes  into  effect  for  the  opening,  extending,  widening, 
narrowing,  straightening,  closing  or  changing  the  grades  of  streets 
in  the  City  and  County. 

Custodian  of  All  Official   Matters  Relating  to  Streets. 

Sec.  8.  The  Board  shall  immediately  after  its  organization  take 
possession  and  have  the  custody  and  control  of  all  maps,  plats, 
surveys,  field  notes,  records,  plans,  specifications,  reports,  contracts, 
models,  machinery,  instruments,  tools,  appliances,  contract  rights, 
privileges,  books,  documents  and  archives  and  other  property  be- 
longing to  the  City  and  County,  or  which  may  be  of  value  and 
importance  to  the  City  and  County,  and  heretofore  kept  by  or  in 


Article  VI,  Chapter  I,  Department  of  Public  Works.         63 

the  offices  of  the  City  and  County  Surveyor,  the  Superintendent 
of  Public  Streets,  Highways  and  Squares,  the  Board  of  New  City 
Hall  Commissioners,  and  all  commissions  in  existence  at  the  time 
this  Charter  goes  into  effect  for  the  opening,  extending,  widening, 
narrowing,  straightening,  closing  or  changing  the  grades  of  streets, 
and  all  other  business  and  works  pertaining  to  any  of  said  offices 
or  commissions. 

Matters   Under  Control   of  the   Board. 

Sec.  9.  The  Board  of  Public  Works  shall  have  charge,  superin- 
tendence and  control,  under  such  ordinances  as  may  from  time  to 
time  be  adopted  by  the  Supervisors: 

Streets,  Pipes,  Wires,  Sewers,  Etc. 

1.  Of  all  public  ways,  streets,  avenues,  lanes,  alleys,  places, 
foiirts,  roads,  highways  and  boulevards  now  opened  or  which  may 
hereafter  be  opened  in  the  City  and  County;  of  the  manner  of 
their  use;  and  of  all  work  done  upon,  over  or  under  the  same: 
and  herein  particularly  the  Board  shall  have  exclusive  authority 
to  prescribe  rules  and  grant  permits,  in  conformity  with  the  ordi- 
nances of  the  Supervisors,  for  the  moving  of  ])uildings  through 
the  streets  thereof,  and  the  building  or  placing  of  cellars  or  vaults 
under  the  streets  or  sidewalks,  and  of  temj)orary  fences  enclosing 
areas  upon  the  sidewalks;  the  laying  down  and  construction  of 
railroad  tracks  in  the  streets;  the  erection  of  telegraph  and  tele- 
phone poles,  and  poles  for  electric  lighting,  and  the  laying  under 
the  surface  of  the  streets  or  sidewalks  of  telegraph  or  telephone 
wires,  and  wires  for  electric  lighting  and  power;  the  construction 
of  drains  and  sewers;  the  laying  down  and  taking  up  of  gas,  steam 
and  water  pii)es,  pnenmatiit  or  other  tu1)es  or  i)ipes,  and  sewers 
and  drains,  and  determining  the  location  thereof;  the  using  of 
the  street  or  any  portion  thereof  for  the  deposit  of  building  ma- 
terial in  front  of  a  building  during  its  construction  or  repair,  or 
for  any  purpose  other  than  such  as  ordinarily  and  properly  be- 
longs to  the  public  from  the  dedication  thereof  to  public  use;  and 
without  such  permission  in  writing  from  said  Board  no  person 
shall  do  any  of  the  acts  in  this  section  enumerated;  but  nothing 
in  this  section  shall  be  so  construed  as  to  give  said  Board  tbe 
power  to  grant  permits  for  or  allow  the  permanent  encroachment 
upon  any  sidewalk  of  any  structure; 

Drainage. 

2.  Of  all  sewers,  drains  and  cesspools,  and  of  the  work  per- 
taining thereto  or  to  the  drainage  of  the  City  and  ('ounty; 

Cleaning  and  Sprinkling,  and    Lighting. 

.''..  or  the  cleaning  and  sprinkling  of  all  public  streets,  aveiujcs, 
alleys,  places,  courts,  roads,  liigliways  and  boulevards,  and  the 
lighting  of  th(!  sanu;  and  the  lighting  of  the  parks,  s(|uares  and 
other  public  places  and  public  buildings; 


(U  Charier  of  the  City  and  County  of  San  Francisco. 

Public  Buildings. 

4.  Of  the  cleaning  of  all  the  public  buildings  of  the  City  and 
County  and  of  the  appointment  of  such  janitors  and  employees  as 
are  needed  for  such  purpose; 

Building  Construction. 

5.  Of  the  supervision  of  any  and  all  ])uilding  construction  in 
the  City  and  County; 

Constructing    Public    Buildings. 

6.  Of  the  construction  of  any  and  all  public  buildings  and 
structures,  under  plans  duly  approved  by  the  various  departments, 
including  all  school  houses  and  fire-department  buildings,  and  the 
repair  and  maintenance  of  any  and  all  buildings  and  structures 
owned  by  the  City  and  County. 

Conduits.     Garbage.     Sewer  System, 

7.  Of  any  and  all  wires  and  conduits,  the  collection  and  dis- 
posal of  street  refuse,  garbage  and  sewage,  and  the  designing, 
construction  and  maintenance  of  the  sewerage  and  drainage  sys- 
tems of  the  City  and  County; 

Public   Utilities. 

8.  Of  any  and  all  public  utilities  owned,  controlled  or  operated 
by  tbe  City  and  County,  or  which  may  hereafter  be  so  owned, 
controlled  or  operated. 

Proceedings  Relative  to  Excavation  of  Streets. 

9.  When  at  any  time  any  person,  company  or  corporation  de- 
sires to  have  opened  or  torn  up  the  roadway  of  any  street,  lane, 
alley,  place  or  court  in  the  City  and  County  for  any  purpose,  a 
written  application  shall  be  made  to  the  Board  of  Public  Works 
for  permission  to  do  so.  The  Board  shall  thereupon  make  an  esti- 
mate of  the  expense  of  opening  or  tearing  up  such  street,  lane, 
alley,  place  or  court  and  of  restoring  the  same  to  as  good  a  con- 
dition as  it  was  in  before  said  opening  or  tearing  up.  Such  per- 
son, company  or  corporation  must  thereupon  deposit  the  amount 
of  such  estimate  with  the  Board  of  Public  Works  which  shall 
thereupon  pay  the  same  into  the  General  Fund. 

The  Board  shall  thereupon  proceed  to  open  or  tear  up  said 
street,  lane,  alley,  place  or  court  as  in  said  application  requested, 
and  shall  at  the  proper  time  restore  such  street,  lane,  alley,  place 
or  court  to  as  good  a  condition  as  it  was  in  before  said  opening 
or  tearing  up.  Contracts  for  the  doing  of  such  work  by  the 
Board  may  be  let  by  it  in  the  manner  provided  in  this  Chapter,  or 
the  work  may,  at  the  option  of  the  Board,  be  done  by  days '  labor. 

If  the  expense  of  such  work  has  been  more  than  the  aforesaid 
estimate,  the  person,  company  or  corporation  shall  be  indebted  to 
the  City  and  County  for  such  balance;  and  the  same  shall  con- 
stitute a  lien  upon  the  property  of  such  person,  company  or  cor- 


Ao'ticU  VI,  Chapter  I,  Department  of  Public  Works.  65 

poration.  Said  lien  shall  remain  in  force  until  such  balance  has 
been  paid,  or  until  the  lien  shall  he  legally  discharged.  Said  lien 
may  be  enforced  by  suit  brought  Iw  the  City  and  County  in  ac- 
cordance with  the  provisions  of  the  Code  of  Civil  Procedure  of 
the  State  of  California.  If  the  expense  of  such  work  has  been  less 
than  the  aforesaid  estimate,  then  the  surplus  shall  constitute  a 
claim  in  favor  of  such  person,  company  or  corporation,  against 
the  City  and  County,  and  as  such  shall  be  presented,  approved  and 
paid  as  other  claims. 

Data  for  Supervisors. 

Sec.  10.  All  examinations,  plans  and  estimates  required  by 
the  Supervisors  in  connection  with  any  public  improvements  or 
utilities,  shall  ])e  made  by  the  Board  of  Pul)lie  Works  aud  it  shall 
when  requested  to  do  so,  furnish  information  and  dala  foi"  the 
use  of  the  Supervisors. 

City  Engineer  and   Duties. 

See.  11.  Said  Board  shall  appoint  a  Civil  Engineer  of  not  less 
than  five  years'  practical  experience  as  such,  who  shall  be  desig- 
nated the  City  Engineer.  Tie  sliall  hold  his  office  at  the  pleasure 
of  the  Board. 

lie  shall  perform  all  the  civil  engineering  and  surveying  re- 
quired in  the  prosecution  of  the  public  works  and  improvements 
done  under  the  direction  and  supervision  of  said  Board,  and  shall 
certify  to  the  progress  and  completion  of  the  same,  and  do  such 
other  surveying  or  other  work  as  he  may  be  directed  to  do  by  said 
Board  or  by  the  Supervisors.  lie  shall  possess  the  same  power  in 
the  (!ity  and  County  in  making  surveys,  plats  and  certificates  as 
is  or  may  from  time  to  time  be  given  by  law  to  City  Engineers 
and  to  County  Surveyors,  and  his  official  acts  and  all  plats,  sur- 
veys and  certificates  made  by  him  shall  have  the  same  validity 
and  be  of  the  same  force  and  effect  as  are  or  may  ho  given  by  law 
to  those  of  City  Engineers  and  County  Surveyors.  No  street  as- 
sessments shall  be  valid  without  his  certilicate  as  to  the  (|uantities 
and  unless  it  be  to  the  effect  that  the  work  lias  been  done  to  the 
official  lines,  elevations  and  grades. 

City  Engineer.     Salary  and   Fees. 

Sec.  12.  lie  shall  serve  the  Board  exclusively  and  sliall  not  bi^ 
engaged  in  any  other  business  while  he  is  in  its  service.  He  shall 
receive  no  comj)ensation  except  his  salary.  The  Board  shall  l)y 
resolution  ef^fablish  fees  and  eharges  for  the  services  to  be  jier- 
formed  by  the  City  Engineer  for  persons,  companies  and  corpora- 
tions, and  may  from  time  to  time  change  and  adjust  the  same. 
Said  Engineer  .shall  require  such  fees  or  eharges  to  lie  paid  in  ad- 
vance for  any  otTicial  act  or  service  demanded  of  him,  and  such 
moneys  thus  paid  shall  be  j)aid  to  the  Treasurer  and  crcditi-d  by 
him  to  siK^h  fund  or  funds  as  said  Board  may  direct. 


6fi  ('holier  of  the  Cilij  and  County  of  San  Francisco. 

Appointees  of  Board. 

See.  13.  The  Board  shall  appoint  the  necessary  heads  of  de- 
partments under  its  charge.  Each  such  head  shall  have  the  sole 
executive  control  in  its  own  department,  subject  to  the  rules  and 
rcETulations  prescribed  by  the  Board. 

Public  Work   by  Contract. 

Sec.  14.  All  public  work  authorized  by  the  Supervisors  to  be 
done  under  the  supervision  of  the  Board  of  Public  Works  shall, 
unless  otherwise  determined  by  the  Board  of  Public  Works,  be 
done  under  written  contract,  except  in  case  of  urgent  necessity 
as  hereinafter  provided:  and  except  as  otherwise  specifically  pro- 
vided in  this  Charter,  the  following  proceedings  shall  be  taken  in 
all  cases  in  the  matter  of  the  letting  of  contracts  by  said  Board. 
Before  the  award  of  any  contract  for  doing  any  work  authorized 
by  this  Article,  the  Board  shall  cause  notice  to  be  posted  conspic- 
uously in  its  office  for  not  less  than  five  days,  and  published  for 
the  same  time,  inviting  sealed  proposals  for  the  work  contem- 
plated; except,  however,  that  when  any  repairs  or  improvement, 
not  exceeding  an  estimated  cost  of  five  hundred  dollars,  shall  be 
deemed  of  urgent  necessity  by  the  Board,  such  repairs  or  improve- 
ment may  be  made  by  the  Board  under  written  contract  or  other- 
wise, without  advertising  for  sealed  proposals. 

Advertisement  for  Proposals. 

Sec.  15.  Said  advertisement  and  notice  shall  invite  sealed  pro- 
posals to  be  delivered  at  a  certain  day  and  hour  at  the  office  of 
the  Board  for  furnishing  the  materials  for  the  proposed  work,  or 
for  doing  said  work,  or  for  both,  as  may  be  deemed  best  by  the 
Board,  and  shall  contain  a  general  description  of  the  work  to  be 
done,  the  materials  to  be  furnished,  the  time  within  which  the 
work  is  to  be  commenced,  and  when  to  be  completed,  and  the 
amount  of  bond  to  be  given  for  the  faithful  performance  of  the 
contract,  and  shall  refer  to  plans  and  specifications  on  file  in  the 
office  of  the  Board  for  full  details  and  description  of  said  work 
and  materials. 
Requirements  for  Bids  for  Public  Work. 

Sec.  16.  All  proposals  shall  be  made  upon  printed  forms  to 
be  prepared  by  the  Board,  and  furnished  gratuitously  upon  appli- 
cation, with  a  form  for  the  affidavit  hereinafter  provided  for 
printed  thereon.  Each  bid  shall  have  thereon  the  affidavit  of  the 
bidder  that  such  bid  is  genuine,  and  not  collusive  or  sham;  that 
he  has  not  colluded,  conspired,  connived  or  agreed,  directly  or  indi- 
rectly, with  any  other  bidder  or  person  to  put  in  a  sham  bid,  or 
that  such  other  person  shall  refrain  from  bidding;  and  has  not  in 
any  manner  sought  by  collusion  to  secure  any  advantage  against 
the  City  and  County,  or  any  person  interested  in  said  improve- 
ment, for  himself  or  any  other  person.  All  bids  shall  be  clearly 
and  distinctly  written,  without  any  erasure  or  interlineation,  and 


Article  VI,  Chapter  I,  Department  of  Public  Works.         67 

if  any  bid  shall  have  an  erasure  or  interlineation  it  shall  not  be 
received  or  considered  by  the  Board.  Any  contract  made  in  vio- 
lation of  any  of  the  foregoing  provisions,  and  in  the  case  of  im- 
provement of  streets,  any  assessment  for  the  work  done  under 
such  contract,  shall  be  absolutely  void. 

All  proposals  offered  shall  be  accompanied  by  a  check,  certified 
by  a  responsible  bank,  payable  to  the  order  of  the  Clerk  of  the 
Supervisors,  for  an  amount  not  less  than  ten  per  centum  of  the 
aggregate  of  the  proposal,  and  no  proposal  shall  be  considered 
unless  accompanied  by  such  check. 

No  person,  corporation  or  firm  shall  be  allowed  to  make,  file,  or 
be  interested  in,  more  than  one  bid  for  the  same  work.  If  on  the 
opening  of  said  bids  more  than  one  bid  appear  in  which  the  same 
person,  corporation  or  firm  is  interested,  all  such  bids  shall  be 
rejected. 

Delivery  and  Opening  of  Bids,  and  Award   of  Contract. 

Sec.  17,  On  the  day  and  at  the  hour  specified  in  said  notice 
inviting  sealed  proposals  the  Board  shall  assemble  and  remain  in 
session  for  at  least  one  hour,  and  all  bids  shall  be  delivered  to  the 
Board  while  it  is  so  in  session,  and  within  the  hour  named  in  the 
advertisement.  No  bid  not  so  delivered  to  the  Board  sliall  be  con- 
sidered. Each  bid  as  it  shall  be  reeeivod  shall  be  numbered  and 
marked  "Filed"  by  the  President  and  authenticated  by  his  signa- 
ture. At  the  expiration  of  the  hour  stated  in  the  advertisement 
within  which  the  bids  will  be  received,  the  Board  shall,  in  open 
session,  open,  examine  and  publicly  declare  the  same,  and  an  ab- 
stract of  each  bid  shall  be  recorded  in  the  minutes  of  the  Board 
by  the  Secretary.  Before  adjourning,  the  Board  shall  compare 
the  bids  with  the  record  made  by  the  Secretary,  and  shall  there- 
upon, at  said  time,  or  at  such  other  time,  not  exceeding  twenty 
days  thereafter,  as  the  Board  may  adjourn  to,  award  the  contract 
to  the  lowest  bidder,  except  as  otherwise  herein  provided.  Notice 
of  such  award  shall  forthwith  be  posted  for  five  days  by  the  Sec- 
rotary  of  the  Board  in  some  conspicuous  p]noo  in  the  offico  of  the 
Board,  and  be  published  for  the  same  period  of  time. 

The  Board  may  reject  any  and  all  bids,  and  nuist  reject  the  l)i<l 
of  any  party  who  has  been  delinquent  or  unfnilbfiil  in  any  fcu'incr 
contract  with  the  City  and  County,  and  all  bids  otlier  tliaTi  tlif 
lowest  regular  bid;  and  on  accepting  said  lowest  bid,  shall  Ihcre- 
upon  return  to  the  propor  parlies  flie  cheeks  eorresponding  to  tlw 
bids  so  rejected.  Tf  all  the  bids  are  rejpoled.  tbe  Board  shall  re 
turn  all  the  checks  to  the  pro[)er  parties  and  again  invito  soaled 
proposals  as  in  the  first  instance. 

The  fheek  acooTtipnuyiiig  the  accepted   bi<i  sh.ill   hi'  held   hy   llu; 
Secretary  of  the  Board  until  the  contract  for  doing  said  work,  na 
hereinaftor  proviflfd,  has  boon  entered  into,  whorcnpon  said  corti 
fied  check  shall  he  returned  to  said  bidder. 


68  Charter  of  the  City  and  County  of  San  Francisco. 

If  said  bidder  fails  or  refuses  to  enter  into  the  contract  to  do 
said  work,  as  hereinafter  provided,  then  the  certified  check  ac- 
compajiying  his  bid,  and  the  amount  therein  mentioned,  shall  be 
forfeited  to  the  City  and  County,  and  shall  be  collected  and  paid 
into  the  General  Fund.  Neither  the  Board  of  Public  Works  nor 
the  Supervisors  shall  have  power  to  relieve  from  or  remit  such 
forfeiture. 

Penalty  for  Collusion. 

Sec.  18.  If  at  any  time  it  shall  be  found  that  the  person  to 
whom  a  contract  has  been  awarded  has,  in  presenting  any  bid  or 
bids,  colluded  with  any  other  party  or  parties,  for  the  purpose  of 
preventing  any  other  bid  being  made,  then  the  contract  so  awarded 
shall  be  null  and  void,  and  the  Board  shall  advertise  for  a  new 
contract  for  said  work. 

Owners  of  Major  Part  of  Frontage  May  Do  the  Work. 

Sec.  19.  In  the  case  of  improvement  of  streets,  the  owners  of 
the  major  part  of  the  frontage  of  lots  and  lands  upon  the  street 
Avhereon  the  work  is  to  be  done,  or  which  are  liable  to  be  assessed 
for  such  work,  or,  in  the  case  of  an  assessment  district,  the  owners 
of  a  major  part  of  the  superficial  area  embraced  in  such  district, 
or  their  agents,  shall  not  be  required  to  present  sealed  proposals, 
but  may,  upon  making  oath  that  they  are  such  OAvners,  or  the 
agents  of  such  owners,  within  ten  days  after  the  first  posting  of 
notice  of  said  award,  elect  to  take  said  work  and  enter  into  a 
written  contract  to  do  the  whole  work  at  the  price  at  which  the 
same  has  been  awarded.  Should  such  owners  not  enter  into  a 
written  contract  therefor  within  said  ten  days,  or  should  they  enter 
into  such  contract  and  fail  to  commence  the  work  within  the 
time  stated  therein,  which  time  shall  not  be  less  than  ten  nor  more 
than  twenty  days  from  the  time  of  the  execution  of  such  contract, 
the  Board  shall  enter  into  a  contract  with  the  original  bidder  to 
whom  the  contract  was  awarded  at  the  price  specified  in  his  bid. 
If  the  original  bidder  shall  fail  or  refuse  for  fifteen  days  after  the 
first  posting  of  notice  of  the  award  to  enter  into  the  contract,  the 
Board  shall  again  advertise  for  proposals  as  in  the  first  instance. 

Failure  to  Complete  Work. 

Sec.  20.  If  the  owners  or  contractor  who  may  have  entered 
into  any  contract  do  not  complete  the  same  within  the  time  lim- 
ited in  the  contract,  or  within  such  further  time  as  is  hereinafter 
provided,  the  Board  may  relet  the  unfinished  portion  of  said  work 
in  accordance  with  the  provisions  in  this  Chapter  prescribed  for 
the  letting  of  the  whole. 

Contracts  by  Board  of  Public  Works.     Bonds  of  Contractors.     Progressive 
Payments. 

Sec.  21.  All  contracts  shall  be  drawn  under  the  supervision  of 
the  City  Attorney,  and  shall  contain  detailed  specifications  of  the 


Ariicle  VI,  Chapter  I,  Department  of  Public  Works.        69 

work  to  be  done,  the  inanner  in  \vhieli  it  sliall  be  executed,  and  the 
quality  of  the  material  to  be  used. 

Every  contract  entered  into  by  the  Board  shall  be  signed  by  all 
the  members  thereof,  and  by  the  other  contractins:  party.  All 
contracts  shall  be  signed  in  triplicate,  one  of  -which,  with  the 
specifications  and  drawings,  if  any,  of  the  work  to  be  done,  and 
materials  to  be  furnished,  shall  be  tiled  Avith  the  Clerk  of  the 
Supervisors;  one  thereof,  with  said  specifications  and  drawings, 
shall  be  kept  in  the  office  of  the  Board,  and  the  other,  with  said 
specifications  and  drawings,  shall  be  delivered  to  the  contractor. 
At  the  same  time  with  the  execution  of  the  contract,  the  con- 
tractor, shall  execute  to  the  City  and  County  and  deliver  to  the 
Secretary  of  the  Board  a  bond  in  the  sum  named  in  the  notice  for 
proposals.  Avith  two  or  more  sufficient  sureties  to  be  approved  by 
the  Board,  or  shall  deposit  with  the  Secretary  a  certified  check 
upon  some  solvent  bank  for  said  amount,  for  the  faithful  per- 
formance of  the  contract.  No  surety  on  any  bond  other  than  law- 
fully authorized  surety  companies  shall  be  taken  unless  he  shall 
be  a  payer  of  taxes  on  real  property,  not  exempt  from  execution 
or  subject  to  homestead  claim,  the  assessed  value  of  which,  over 
;ind  alxtve  all  incumbram-es,  is  equal  in  amouut  to  his  liabilities 
on  all  bonds  on  which  ho  may  be  surety  to  the  City  and  County 
and  each  surety  shall  justify  and  make  an  affidavit  (for  which  a 
form  shall  be  printed  upon  said  bond)  signed  by  him,  that  he  is 
assessed  upon  the  last  assessment  book  of  the  City  and  County 
in  Iv's  own  name,  for  real  property,  in  an  amount  greater  than  his 
liability  on  all  bonds  on  which  he  is  surety  to  the  City  and 
County,  aiul  that  the  taxes  on  such  property  so  assessed  aie  not 
delinquent. 

The  contract  shall  specify  the  time  within  which  the  work  shall 
be  commenced,  and  when  to  be  completed,  as  was  specified  in  the 
notice  inviting  proposals  therefor,  lipon  the  recommendation  of 
the  Board,  the  Supervisors  may  extend  said  time,  but  in  no  event 
sliall  the  time  for  tlie  performance  oF  said  contract  be  extended 
by  the  Supervisors  more  than  ninety  days  beyond  the  time  origin 
ally  fixed  for  its  completion;  but,  on  the  unanimous  recommen- 
dation of  the  Board  of  Public  Works,  a  further  extension  may  be 
granted  by  vf>te  of  fourteen  members  of  the  Board  of  Supervisors. 

In  case  of  faihire  on  the  part  of  the  contractor  to  complete  his 
contract  within  the  time  fixed  in  the  contract,  or  within  such  ex- 
tension of  said  time  as  is  herein  provided,  his  contract  shall  be 
void,  and  llie  Supervisors  shall  not  thereafter  pay  or  allow  to 
him  any  further  compensation  for  any  work  done  by  him  under 
said  contract;  and  in  the  ease  of  the  improvement  of  streets, 
whrirc  the  work  is  to  be  paid  for  by  assessment  levied  upon  real 
])roi»erty,  no  a.'-sessment  shall  be  made  for  the  work  done  under 
said  contract.  I  ^'1 

Any  contract  may   pi"\idc   for   |>i<tgfessive  paynicnis   if  in   the 


70  Chartei'  of  the  City  and  County  of  San  Francisco. 

ordinance  authorizing  or  ordering  the  work  permission  is  given 
for  such  a  contract.  But  no  progressive  payments  can  be  pro- 
vided for  or  made  at  any  time  which,  with  prior  payments,  if 
there  have  been  such,  shall  exceed  in  amount  at  that  time  seventy- 
five  i^er  cent  of  the  value  of  the  labor  done  and  materials  fur- 
nished and  used  up  to  that  time,  and  no  contract  shall  provide 
for  or  authorize  or  permit  the  payment  of  more  than  seventy-five 
per  cent  of  the  contract  price  before  the  completion  and  accept- 
ance by  the  proper  officer  or  board  of  the  work  done  under  said 
contract. — As  amended  November  5,  1907;  approved  by  the  Legis- 
lature November  23,  1907  (Statutes  Special  Session,  1907,  page  35). 

Acceptance  of  Work. 

Sec.  22.  The  work  in  this  Article  provided  for  must  be  done 
under  the  direction  and  to  the  satisfaction  of  the  Board  of  Public 
Works;  and  the  materials  used  must  be  in  accordance  with  the 
specifications  and  be  to  the  satisfaction  of  said  Board,  and  all 
contracts  provided  for  in  this  Article  must  contain  a  provision  to 
that  effect,  and  also,  that  in  no  case,  except  where  it  is  otherwise 
provided  in  this  Charter,  will  the  City  and  County,  or  any  depart- 
ment or  officer  thereof,  be  liable  for  any  portion  of  the  expense, 
or  in  the  case  of  improvement  of  streets,  for  any  delinquency  of 
persons  or  property  assessed. 

Wlien  said  work  shall  have  been  completed  to  the  satisfaction 
and  acceptance  of  the  Board,  it  shall  so  declare  by  resolution,  and 
thereupon  the  Board  shall  deliver  to  the  contractor  a  certificate 
to  that  effect. 

CHAPTER  II. 

IMPROVEMENT  OF  STREETS. 
Street  Improvement.    Width  and  Grade. 

Section  1.  All  streets,  lanes,  alleys,  places  or  courts,  in  the 
City  and  County,  now  open  or  dedicated  or  which  may  hereafter 
be  opened  or  dedicated  to  public  use,  shall  be  deemed  and  held  to 
be  open  public  streets,  lanes,  alleys,  places  or  courts,  for  the  pur- 
poses of  this  Chapter;  and  the  Supervisors  are  hereby  empowered 
to  fix  the  width  and  grade  thereof,  and  to  order  to  be  done  therein 
and  thereon  any  and  all  street  work  and  street  improvement  un- 
der the  proceedings  hereinafter  described. 

Application.  Board  to  Recommend  Work  Recommendation  of  Board  to 
Supervisors. 
Sec.  2.  Application  for  the  doing  of  any  such  work  or  im- 
provement must  in  the  first  instance,  except  where  otherwise  pro- 
vided in  this  Article,  be  made  in  writing  to  the  Board  of  Public 
Works  by  an  owner  or  owners  of  property  liable  to  be  assessed 
for  the  same,  or  by  their  agents,  or  by  the  Board  of  Health  for 
sanitary  reasons,  or  by  the  Supervisors,  expressed  by  resolution. 


Article  VI,  Ompter  II,  Department  of  Fuhlic  Works.        71 

Such  application  need  but  in  general  descrilie  or  refer  to  the 
work  or  improvement  applied  for;  and  if  the  expense  thereof  or 
any  portion  of  such  expense  is  to  be  assessed  upon  private  prop- 
erty, the  Board  of  Public  Works  shall  investigate  the  same  and 
may  modify,  amend,  alter,  or  increase  the  same,  as  it  may  deem 
proper;  and  if  the  Board  determine  that  the  work  or  improvement 
so  applied  for,  or  as  so  modified,  amended,  altered  or  increased, 
is  expedient,  it  shall  so  report  to  the  Supervisors;  the  Supervisors 
shall  not  order  any  such  improvement  until  the  same  has  been 
recommended  by  said  Board.  When  the  construction  of  any 
sewer  or  drain  shall  involve  a  cost  of  more  than  five  dollars  per 
lineal  foot  for  any  block,  it  shall  not  be  authorized  except  by  an 
ordinance  passed  by  the  aflfii-mative  vote  of  not  less  than  fourteen 
members  of  the  Board  of  Supervisors.  If  an  application  is  made 
for  any  work  or  improvement  of  which  the  expense  is  to  be  paid 
by  the  City  and  County,  and  the  Board  of  Public  Works  shall  not 
approve  of  such  application,  it  shall  report  to  the  Supervisors  its 
reasons  for  such  disapproval,  and  the  Supervisors  may  then,  after 
having  obtained  from  the  Board  of  Public  Works  an  estimate  of 
the  expense  of  said  work  or  improvement,  by  ordinance  passed 
by  the  affirmative  vote  of  not  less  than  fourteen  members  of  the 
Board  of  Supervisors,  order  the  doing  of  said  work,  or  the  making 
of  said  improvement. 

The  Board  of  Public  Works  may  also,  except  as  herein  pro- 
hibited, recommend  any  improvement,  the  expense  of  which  is  to 
be  paid  by  the  City  and  County,  though  no  application  may  have 
been  made  therefor,  and  must  make,  with  said  reconuncndation  to 
the  Supervisors,  an  estimate  of  tlie  expense,  and  in  such  case  tlie 
Supervisors  may  order  the  same  done. 

No  street  work  or  street  improvements  of  any  kind  shall  be  or- 
dered to  be  done  by  the  Supervisors  unless  a  written  reconuncn- 
dation to  do  the  same  has  been  made  to  them  by  the  Board  of 
Pu})lic  Works,  except  in  tlie  case  hereinbefore  provided,  and  all 
such  recommendations  shall  be  made  matters  of  record  in  the  office 
of  said  Board. 

When  the  Board  shall  recommend  any  work  to  be  done  on  a 
street  intersection  or  crossing,  where  the  streets  do  not  intersect 
each  other  at  right  angles,  it  shall  in  each  such  case  determine 
what  lots  in  the  blocks  adjacent  to  such  intersection  or  crossing 
will  l)e  benefited  l)y  said  work,  and  shall  cause  a  map  to  be  made 
on  which  shall  ]>('  delineated  the  lots  so  to  be  Ix'nefited.  Such  map 
shall  be  transmitted  to  the  Supervisors  with  said  recommenda- 
tion.— As  amended  December  </,  ]f)02;  approved  by  the  Legislature 
February  5,  1903  (Statutes,  1903,  page  587). 

Posting  and  Mailing  of  Notices. 

Sec.  3.  Before  recommending  to  the  Supervisors  the  ordering 
of  any  work  or  improvement,  the  expense  of  whicii,  or  any  part 


7'J  Clnirlt  r  of  llie  ('ihi  ntid  ('oinilji  of  San  Franci.'ico. 

tln'it'iif.  is  Id  be  assessed  upon  private  property,  tlie  Board  of 
riiblic  Works  sliall  pass  a  resolution  of  its  intention  to  recom- 
mend llie  same,  siieeifyini;  tlie  work  to  hn  recommended,  and  shall 
lix  a  day  when  it  shall  take  final  action  npon  said  resolution. 

Upon  the  passage  thereof  the  Secretary  of  the  Board  shall  forth- 
with, M'ithont  any  further  authority,  cause  a  copy  of  said  resolu- 
tion to  be  posted  conspicuously  for  five  days  in  the  office  of  said 
Seeretr.ry.  and  to  be  published  for  a  period  of  ten  days  (legal 
holidays  excepted)  and  cause  a  copy  to  be  deposited  in  the  Post 
Office  at  the  City  and  County,  with  postage  prepaid,  addressed  to 
each  person  represented  on  the  Assessment  Book  of  the  City  and 
County  for  the  next  preceding  fiscal  year  as  being  owner  of  land 
liable  to  be  assessed  for  said  improvement;  but  if  said  lot  stand 
on  said  book  in  the  name  of  unknown  owners,  such  notice  need 
not  be  sent. 

The  Board  shall  also  cause  to  be  conspicuously  posted  along 
the  line  of  said  contemplated  improvement,  at  points  not  more 
than  one  hundred  feet  in  distance  apart,  notices  not  less  than  three 
in  all,  of  the  passage  of  said  resolution.  Each  of  said  notices  shall 
be  headed  "Notice  of  Street  Work"  in  letters  of  not  less  than  two 
inches  in  length,  and  shall  in  legible  characters  state  the  fact  of 
the  passage  of  said  resolution,  its  date,  and  briefly,  the  work  or 
improvement  proposed,  and  refer  to  the  resolution  of  intention 
for  further  particulars. 

Owners   May   Make    Protest.     Proceedings  to   Be  Taken. 

Sec.  4.  The  owners  of  a  majority  of  the  frontage  of  the  prop- 
erty fronting  on  said  proposed  work  or  improvement,  where  the 
same  is  for  one  block,  or  more,  and,  in  the  case  of  a  district,  those 
OAvning  more  than  one-half  of  the  superficial  area  of  the  district, 
exclusive  of  street  surface,  may  make  written  objections  to  the 
same  within  ten  days  after  the  expiration  of  the  time  of  the  pub- 
lication of  said  resolution  of  intention,  which  objections  shall  be 
delivered  to  the  Secretary  of  the  Board  of  Public  Works,  who 
shall  indorse  thereon  the  date  of  their  reception  by  him.  Such 
objections  shall  delay  for  six  months  any  further  proceedings  in 
relation  to  the  doing  of  said  work  or  making  said  improvement, 
under  the  said  resolution  of  intention,  unless  the  owners  of  the 
one-half  or  more  of  the  frontage  or  of  the  district,  as  aforesaid, 
shall  meanwhile  petition  for  the  same  to  be  done,  and  thereupon 
the  proceedings  shall  be  continued  under  the  said  resolution  of 
intention,  if  said  Board  shall  deem  proper. 

If,  however,  the  owners  of  at  least  two-thirds  of  the  property 
fronting  on  said  proposed  work  or  improvement,  and,  in  case  of 
a  district,  those  owning  at  least  two-thirds  of  the  superficial  area 
of  the  district,  exclusive  of  street  surface,  shall  make  written  ob- 
jections to  the  said  proposed  work  or  improvement,  after  the  ex- 
piration of  the  time  hereinbefore  fixed  for  making  the  objections 


Article  VI,  CJmpter  II,  Department  of  Puhlic  Works.        73 

in  the  first  instance  to  the  same  (and  which  objections  delayed 
for  six  moiitlis  any  further  proeeedinsrs  in  rehition  to  the  doing  of 
said  work  or  making  said  improvement  under  said  resolution  of 
intention)  and  before  the  expiration  of  the  said  six  months,  no 
further  proceedings  shall  be  taken  under  the  said  resolution  of 
intention.  But  if  no  such  objections  have  been  made,  then  the 
Board  of  Public  Works,  after  the  expiration  of  said  six  months, 
shall,  if  it  deem  proper,  continue  the  proceedings  under  the  reso- 
lution of  intention  aforesaid,  notwithstanding  the  objections  first 
made,  as  hereinbefore  provided,  or  any  further  objections  to  the 
doing  of  said  work  or  making  said  improvement. 

But  when  the  work  or  improvement  proposed  to  be  done  is 
the  construction  of  sewers,  manholes,  culverts,  drains,  cess-pools, 
catch  basins  or  storm  water  inlets,  or  of  sidewalks,  or  of  curbs, 
or  any  work  or  improvement  on  a  street  crossing,  or  on  a  street 
intersection,  and  written  objections  thereto  have  been  delivered 
to  tlie  Secretary  of  the  Board  of  Public  Works  within  the  time 
hereinbefore  provided,  by  the  owners  of  a  majority  of  the  front- 
age or  of  the  district  aforesaid,  and  in  case  of  work  or  improve- 
ment on  a  street  crossing  or  a  street  intersection,  by  the  owners 
of  a  majority  of  the  street  frontage  liable  to  be  assessed  therefor, 
the  Board  shall,  at  its  next  meeting,  fix  a  time  for  hearing  said 
objections,  not  less  than  one  week  thereafter.  The  Secretary  of 
tlic  Board  shall  thereupon  notify  the  persons  making  such  objec- 
tions by  depositing  a  notice  thereof  in  the  Postoffice  at  the  City 
and  County,  postage  prepaid,  and  addressed  to  each  objector  or 
his  agent  when  he  appears  for  such  objector.  At  the  time  speci- 
fied the  Board  sliall  hear  the  objections  urged,  and  pass  upcm  the 
same,  and  its  dectision  sliall  l)e  iinal  and  conclusive;  and  if  said 
objections  are  overruled  the  proceedings  shall  Ite  continued  as 
tliougli  no  objections  had  been  made. 

And  when  not  more  than  two  blocks  on  a  street,  including 
street  crossings,  remain  ungraded  to  the  official  grade,  or  other- 
wi.sc  unimproved,  in  whole  or  in  part,  and  a  block  or  more  on  each 
side  upon  such  street  has  been  so  graded  or  otherwise  improved, 
or  when  not  more  than  two  blocks  at  the  end  of  a  street  remain 
so  ungraded  or  otherwise  unim[»roved.  i)roccedings  for  tb.e  doing 
of  any  work  or  improvement,  upon  said  intervening  ungraded  or 
unimproved  part  of  said  street,  or  at  the  end  of  a  street,  sliall  not 
be  stayed  or  prevented  by  any  written  or  other  objections,  unless 
the  Board  shall  deem  proper. 

And  if  one-half  or  more  in  width  or  in  h'Uglh.  or  as  1o  grading, 
one-half  or  more  of  the  <:rading  work,  of  ;iny  street  lying  and  be- 
ing between  two  successive  main  street  crossings,  or  if  a  crossing 
has  l)een  already  jiartially  grade<|  or  improved,  as  afoi'(>said.  the 
[?oard  may  proceed  as  in  this  (Miapter  provich'd.  to  have  the  re 
main»h'r  improved,  gi-aded.  or  olhei-wisr.  nolw  ilhslanding  any  ob 
jedions  of  i>roperly  owni-rs. 


74  Charter  of  the  City  and  County  of  San  Francisco. 

In  all  cases  of  work  or  improvement  in  this  section  hereinbe- 
fore provided,  where  the  Board  of  Public  Works  is  vested  with 
power  to  continue  proceedings  in  relation  to  any  proposed  work 
or  improvement,  notwithstanding  any  objections  of  property  own- 
ers to  the  doing  of  the  same,  the  Board  may  determine  that  such 
work  or  improvement  is  expedient,  or  that  the  public  interest  or 
convenience  requires  the  doing  of  the  same,  and  it  may  institute 
proceedings  therefor  and  the  provisions  of  Section  2  of  this  Chap- 
ter, requiring  a  written  application  to  the  Board  in  the  first  in- 
stance, to  be  made  therefor,  shall  not  be  applicable  thereto. 

At  any  time  before  the  making  of  the  assessment  as  hereinafter 
provided,  all  owners  of  lots  of  land  liable  to  assessment  therein, 
who,  after  the  first  publication  of  the  aforesaid  resolution  of  in- 
tention, may  feel  aggrieved,  or  who  may  have  objections  to  any 
proceedings  in  relation  to  the  performance  of  the  work  described 
in  said  resolution,  may  file  with  the  Secretary  a  petition  of  remon- 
strance, W' herein  they  shall  state  in  what  respect  they  feel  ag- 
grieved, or  the  proceedings  to  which  they  object.  Such  petition 
or  remonstrance  shall  be  passed  upon  by  the  Board,  and  its  deci- 
sion thereon  shall  be  final  and  conclusive. — As  amended  December 
4,  1902;  approved  by  the  Legislature  February  5,  1903  (Statutes, 
1903,  page  588). 

Improvement  Chargeable   Upon  a  District.     Hearing  of  Objections. 

Sec.  5.  When  the  contemplated  work  or  improvement  in  the 
opinion  of  the  Board  of  Public  Works  is  of  more  than  local  or 
ordinary  public  benefit,  it  may  recommend  to  the  Supervisors  that 
the  expense  of  such  work  or  improvement  be  made  chargeable 
upon  a  district,  and  said  Board  shall  in  its  resolution  of  inten- 
tion set  out  the  district  benefited  by  said  work  or  improvement 
and  to  be  assessed  to  pay  the  expense  thereof.  Objections  to  the 
extent  and  boundaries  of  the  district  of  lands  to  be  benefited  by 
said  work  or  improvement  may  be  made  by  any  interested  party, 
in  writing,  within  ten  days  after  the  expiration  of  the  time  of  pub- 
lication of  the  resolution  of  intention. 

The  Secretary  of  the  Board  shall  lay  said  objections  before  it 
and  the  Board  shall,  at  its  next  meeting,  fix  a  time  for  hearing 
said  objections  not  less  than  one  week  thereafter.  The  Secretary 
shall  thereupon  notify  the  persons  making  such  objections  by 
depositing  a  notice  thereof  in  the  Postoffice  at  the  City  and  County, 
postage  prepaid,  addressed  to  each  objector.  At  the  time  speci- 
fied the  Board  shall  hear  the  objections  urged  and  pass  upon  the 
same,  and  if  said  objections  are  overruled,  its  decision  shall  be 
final  and  conclusive  as  to  the  extent  and  boundaries  of  the  dis- 
trict. 

If  the  objections  are  sustained,  the  Board  shall  proceed  to  set 
out  another  district  to  the  extent  and  boundaries  of  which  objec- 
tions may  be  made  and  a  hearing  had  thereon  as  above  provided; 


Article  VI,  Chapter  II,  Department  of  Public  Works.        75 

and  so  on  in  like  manner  until  a  district  has  been  set  out  to  the 
extent  and  boundaries  of  which  all  objections  shall  be  overruled 
by  the  Board — its  decision  in  that  behalf  to  be  final  and  conclu- 
sive; and  thereupon  the  proceedings  shall  continue  the  same  as 
if  no  objections  had  been  made.  In  its  report  to  the  Supervisors 
the  Board  shall  accompany  its  report  with  a  diagram  on  which 
shall  be  delineated  each  separate  lot,  piece  or  parcel  of  land,  the 
area  in  square  feet  of  each  of  such  lots,  pieces  or  parcels  of  land, 
and  the  relative  location  of  the  same  to  the  work  or  improvement 
proposed  to  be  done  within  the  limits  of  the  district.  Such  dia- 
gram shall  be  certified  to  be  correct  by  the  Secretary  of  the  Board. 

Completfon  of  Work 

Sec.  6.  When  the  work  under  any  contract  shall  have  been 
completed,  the  contractor  shall  make  and  file  in  the  office  of  the 
Board  of  Public  Works  an  affidavit  to  the  effect  that  he  has  not 
entered  into  any  private  agreement,  verbal  or  written,  with  any 
person  liable  to  be  assessed  for  said  work,  or  with  any  one  on  his 
behalf,  to  accept  a  price  from  him  less  than  the  price  named  in 
said  contract,  or  to  make  any  rebate  or  deduction  to  him  from 
such  price.  Any  such  agreement  shall  be  deemed  a  fraud  upon 
all  persons  liable  to  be  assessed  for  such  work  other  than  the 
property  owners  who  were  parties  to  the  agreement,  and  shall 
make  void,  as  to  such  persons  so  defrauded,  any  assessment  made 
for  the  work  done  under  such  contract;  and  where  there  is  more 
than  one  contractor  each  contractor  shall  make  such  affidavit. 

Completion  of  Contract.     Assessnnent  to   Pay  for  Same. 

Sec.  7.  When  any  work  in  or  upon  any  public  street  shall 
have  been  completed  according  to  contract,  and  the  affidavit  men- 
tioned in  the  next  preceding  section  shall  have  been  made,  the 
Board  shall  make  an  assessment  to  cover  the  sum  due  for  tlie 
work  performed  and  specified  in  said  contract  (including  all  in- 
cidental expenses),  in  conformity  with  the  provisions  of  this  Arti- 
cle, according  to  the  nature  and  character  of  the  work.  The  assess- 
ment shall  briefly  refer  to  the  contract,  the  work  conlracled  for 
and  perfonned,  and  shall  show  the  amount  to  be  paid  tiierefor. 
together  with  any  incidental  expenses,  the  rate  jicr  fr(»nt  foot 
as.sessed,  the  amount  of  eacli  assessment,  the  name  of  the  owner 
of  each  lot  (if  known  to  the  Board,  and  if  not  known,  the  word 
"unknown"  shall  be  written  opposite  the  number  of  the  lot  and 
the  amount  assessed  thereon)  ;  the  number  of  each  lot  assessed, 
and  shall  have  attached  thereto  a  diagram  exhibiting  the  street 
(»r  street  crossing  on  which  tlu;  work  has  i)ccn  done,  and  showing 
the  relative  location  of  each  distinct  lot  to  the  work  done,  num- 
bered to  correspond  with  the  numbers  in  the  assessment,  and 
showing  the  number  of  front  feet  assessed  for  said  work.  A  mis- 
take in  the  name  of  the  owner  shall  not  invalidate  any  assessment. 

When  the  expense  of  .such  work  falls  in  part  upon  any  person, 


76  Charter  of  the  City  and  County  of  San  Francisco. 

company  or  corporation  liaviinr  railroad  tracks  upon  the  street 
where  such  work  has  been  done,  said  assessment  shall  include  an 
assessment  against  said  person,  company  or  corporation,  for  its 
legal  proportion  of  said  expense,  and  the  same  shall  constitute  a 
lien  upon  the  road-hed,  rolling  stock,  franchises  and  other  prop- 
erty of  such  person,  company  or  corporation,  for  a  period  of  two 
years  from  the  date  of  recording  the  Avarrant,  assessment  and  dia- 
gram hereinafter  provided  for. 

Division    of    Expense.      Sewers,    Grading,    Paving,    Assessed    to    Adjacent 
Blocks  or  District.     Railroads   Must  Bear  Proportion. 
Sec.  8.     The  expense  of  all  work  or  improvement   done  upon 
any  part  of  said  streets,  lanes,  alleys,  places  or  courts,  under  the 
order  of  the  Supervisors,  shall  be  borne  and  paid  for  as  follows: 

First — The  City  and  County  shall  pay  out  of  the  General  Fund 
the  expense: 

a.  Of  all  work  done  on  streets,  crossings  and  intersections  of 
streets  that  have  been  or  may  be  accepted  by  the  City  and  County, 
after  the  acceptance  of  the  same,  and  all  repairs  and  improve- 
ments deemed  of  urgent  necessity  that  may  be  made  upon  the 
public  streets  and  highways. 

h.  Of  all  work  done  in  front  of,  or  that  may  be  assessed  to, 
property  owned  by  the  City  and  County  or  by  any  department 
thereof. 

c.  Of  all  work  done  in  front  of,  or  that  may  be  assessed  to, 
property  owned  by  the  United  States. 

Second — The  expense  of  all  sewers,  cesspools,  manholes,  cul- 
verts and  drains,  and  of  all  grading,  planking,  macadamizing, 
paving,  piling  and  capping  any  street,  or  portion  thereof,  and  of 
all  curbs  thereon,  and  of  all  work  done  on  sidewalks,  shall  be 
assessed  upon  the  lands  within  the  block  or  blocks  adjacent  thereto 
as  herein  provided,  except  where  by  an  assessment  district  it  may 
be  provided  otherwise. 

Third — The  expense  of  all  work  on  such  portion  of  any  street 
required  by  law  to  be  kept  in  order  by  any  person,  company,  or 
corporation,  having  railroad  tracks  thereon,  shall  be  borne  and 
paid  for  by  such  person,  company  or  corporation,  and  shall  be 
included  in  the  assessment  hereinbefore  provided  for. 

No  assessment  shall  be  levied  upon  any  property,  which,  to- 
gether with  all  asr^essments  for  street  improvements  that  may 
have  been  levied  upon  the  same  property  during  the  year  next 
preceding,  will  amount  to  a  sum  greater  than  fifty  per  centum  of 
the  value  at  which  said  property  was  assessed  upon  the  last  pre- 
ceding Assessment  Book  of  the  City  and  County. 

How  Assessments  for  Street  Work  Shall  Be  Levied. 

Sec.  9.  Subdivision  One — Except  where  the  expense  incurred 
for  the  street  work  and  improvement  authorized  herein  is  to  be 
assessed  upon   a   district  as  hereinafter  provided,   such   expense, 


Article  VI,  Chapter  II,  Department  of  Public  Works.        77 

other  than  that  to  be  paid  by  a  person,  company  or  corporation 
having  tracks  on  the  street  where  such  work  and  improvement 
has  been  done,  shall  ])e  assessed  upon  the  lots  and  lands  frontinu: 
thereon,  except  as  hereinafter  specifically  provided;  each  lot  or 
portion  of  a  lot  being  separately  assessed  in  proportion  to  the 
frontage  at  a  rate  per  front  foot  sufficient  to  cover  the  total  ex- 
pense of  the  work. 

Assessment  According  to  Nature  of  Work. 

Suhdivision  Two — The  expense  of  all  improvements  except  such 
as  is  done  by  contractors  under  the  provisions  of  Section  16  of 
this  Chapter,  until  the  streets,  avenues,  street  crossings,  lanes, 
alleys,  places,  or  courts  are  finally  accepted,  as  provided  in  Sec- 
tion 23  of  this  Chapter,  sh.all  ])e  assessed  upon  the  lots  and  lands 
as  provided  in  this  section  according  fo  flic  nalurt^  and  characlcr 
of  the  work. 

Work  on  Main  Street  Crossings. 

Svhdivision  Three — The  expense  of  the  work  done  on  main 
street  crossings  shall  be  assessed  at  a  uniform  rate  per  front  foot 
on  the  quarter  blocks  and  irregular  blocks  adjoining  and  corner- 
ing upon  the  crossings,  and  separately  upon  the  whole  of  each 
lot  or  portion  of  a  lot  having  any  frontage  in  the  said  blocks 
fronting  on  said  main  streets,  half  way  to  the  next  main  street 
crossing,  and  all  the  way  on  said  blocks  to  a  boundary  line  of  the 
city  where  no  such  crossing  intervenes,  but  only  according  to  its 
frontage  in  said  quarter  blocks  and  irregular  blocks. 

Main  Street  Terminating  in  Another  Main  Street. 

Siibdivision  Four — Where  a  main  street  terminates  in  jinotln-r 
main  street,  the  expense  of  the  work  done  on  one-half  of  tli(> 
width  of  the  street  opposite  the  termination  shall  be  assessed 
upon  the  lots  in  each  of  the  two  quarter  blocks  adjoining  and 
cornering  on  the  same,  according  to  the  frontage  of  snch  lots  on 
said  main  street,  and  the  expense  of  the  other  half  of  the  widtli 
of  said  street  upon  flic  lot  or  lots  fronting  on  the  laltcr  Imll"  of 
the  street  at  such  termination. 

Alley  Crossing  Main  Street. 

Suhdivision  Fire — Where  any  alley  or  subdivision  street  crosses 
a  main  strec^t,  the  expense  of  all  work  doiu^  on  saiil  crossing  shall 
he  assess(!d  on  all  lots  or  portions  of  lots  half  way  on  said  alley 
or  subdivision  street  to  the  next  crossing  or  intersect  inn.  or  to 
the  end  of  such  alh-y  oi-  stilidivisiftii  street  if  it  dni-s  nnl  meet 
another. 

Alley   Crossings. 

Subdivision  Six—Tim  expeuse  of  work  don<!  on  alley  (»r  subdi 
vision   street   crossings   shall    be   nsscHsed    upon    the   lots    fronting 
upon  such  alley  or  subdivision  streets  on  eaeli  side  thereof,  in  all 


78  Charter  of  the  City  and  County  of  San  Francisco. 

directions,  half  way  to  the  next  street,  place  or  court,  on  either 
side,  respectively,  or  to  the  end  of  such  alley  or  subdivision  street, 
if  it  does  not  meet  another. 

Alley  Terminating  in  Another  Street. 

Subdivision  Seven — Where  a  subdivision  street,  avenue,  lane, 
alley,  or  place  or  court,  terminates  in  another  street,  avenue,  lane, 
alley,  place  or  court,  the  expense  of  the  work  done  on  one-half 
the  width  of  the  subdivision  street,  avenue,  alley,  place,  or  court 
opposite  the  termination,  shall  be  assessed  upon  the  lot  or  lots 
fronting  upon  such  subdivision  street  or  avenue,  lane,  alley,  place, 
or  court  so  terminating,  according  to  its  frontage  thereon,  half- 
way on  each  side,  respectively,  to  the  next  street,  avenue,  lane, 
alley,  court,  or  place,  or  the  end  of  such  street,  avenue,  lane,  alley, 
place,  or  court,  if  it  does  not  meet  another,  and  the  other  one- 
half  of  the  width  upon  the  lots  fronting  such  termination. 

Work  to  Complete  Unimproved   Portion  of  Street. 

Subdivision  Eight — Where  any  work  mentioned  in  this  Chap- 
ter, manholes,  cesspools,  culverts,  crosswalks,  piling  and  capping 
excepted,  is  done  on  either  or  both  sides  of  the  center  line  of  any 
street  for  one  block  or  less,  and  further  work  opposite  to  the  work 
of  the  same  class  already  done  is  ordered  to  be  done  to  complete 
the  unimproved  portion  of  said  street,  the  assessment  to  cover 
the  total  expense  of  said  work  so  ordered  shall  be  made  upon  the 
lots  or  portions  of  the  lots  only  fronting  the  portions  of  the  work 
so  ordered.  When  sewering  or  resewering  is  ordered  to  be  done 
under  the  sidewalk  or  only  on  one  side  of  street  for  any  length 
thereof,  the  assessment  for  its  expense  shall  be  made  only  upon 
the  lots  and  lands  fronting  nearest  upon  that  side,  and  for  inter- 
vening intersections  only  upon  the  two  quarter  blocks  adjoining 
and  cornering  upon  that  side. 
Owners  May  Do  the  Grading  in  Front  of  Their  Lots. 

Subdivision  Nine — Any  owner  or  owners  of  lots  or  lands  front- 
ing upon  any  street,  the  width  and  grade  of  which  have  been 
established  by  the  Supervisors,  may  perform  at  his  or  their  ow^n 
expense  (after  obtaining  permission  from  the  Board  of  Public 
Works  so  to  do,  but  before  said  Board  has  passed  its  resolution 
of  intention  to  recommend  grading  inclusive  of  this)  any  grading 
upon  said  street,  to  its  full  width,  or  to  the  center  line  thereof, 
and  to  its  grade  as  then  established,  and  thereupon  may  procure, 
at  his  or  their  own  expense,  a  certificate  from  the  City  Engineer 
setting  forth  the  number  of  cubic  yards  of  cutting  and  filling 
made  by  him  or  them  in  said  grading,  and  the  proportions  per- 
formed by  each  owner,  and  that  the  same  is  done  to  the  estab- 
lished width  and  grade  of  said  street,  or  to  the  center  line  thereof, 
and  thereafter  may  file  said  certificate  in  the  ofiice  of  the  Board. 
Said  certificate  shall  be  recorded  in  a  properly  indexed  book  kept 


Article  VI,  Chapter  II,  Department  of  Public  Works.        79 

for  that  purpose  in  the  office  of  the  Board.  Whenever  there- 
after the  Supervisors  order  the  grading  of  said  street,  or  any  por- 
tion thereof,  on  which  any  grading  certified  as  aforesaid  has  been 
done,  the  bids  and  contract  must  express  the  price  by  the  cubic 
yard  for  cutting  and  filling  in  grading,  and  such  owner  or  owners, 
and  his  or  their  successors  in  interest,  shall  be  entitled  to  credit 
on  the  assessment  upon  his  or  their  lots  and  lands  fronting  on  said 
street  for  grading  thereof,  to  the  amount  of  the  cubic  yards  of 
cutting  and  filling  set  forth  in  his  or  their  said  certificate,  at  the 
prices  named  in  the  contract  for  said  cutting  and  filling;  or,  if 
the  grade  meanwhile  has  been  legally  changed,  only  for  so  much 
of  said  certified  work  as  would  be  required  for  grading  to  the 
grade  as  changed.  Such  owner  or  owners  shall  not  be  entitled  to 
any  credit  that  may  be  in  excess  of  the  assesments  for  grading 
upon  the  lots  and  lands  owned  by  him  or  them,  and  proportion- 
ately assessed  for  the  whole  of  said  grading.  The  Board  shall 
include  in  the  assessment  for  the  whole  of  said  grading  upon 
the  same  grade  the  number  of  cubic  yards  of  cutting  and  filling 
set  forth  in  any  and  all  certificates  so  recorded  in  his  office,  or  for 
the  whole  of  said  grading  to  the  changed  grade  so  much  of  said 
certified  Avork  as  would  be  required  for  grading  thereto,  and  shall 
enter  corresponding  credits,  deducting  the  same  as  payments  upon 
the  amounts  assessed  against  the  lots  and  lands  owned  respec- 
tively by  said  certified  owners  and  their  successors  in  interest; 
but  he  hall  not  include  any  grading  quantities  or  credit  any 
sums  in  excess  of  the  proportionate  assessments  for  the  whole  of 
the  grading  which  are  made  upon  any  lots  and  lands  fronting 
upon  said  street  and  belonging  to  any  such  certified  owners  or 
their  successors  in  interest.  When  any  owner  or  owners  of  any 
lots  and  lands  fronting  on  any  street  sliall  have  lieretofore  done, 
or  shall  hereafter  do  any  work,  except  grading,  on  sucli  street,  in 
front  of  any  block,  at  his  or  their  own  expense,  and  the  Super- 
visors shall  subsequently  order  any  work  to  be  done  of  tlie  sanu; 
class  in  front  of  the  same  block,  the  work  so  done  at  the  expense 
of  such  owner  or  owners  shall  be  excepted  from  the  order  order- 
ing work  to  be  done,  as  provided  in  subdivision  ten  of  tliis  sec- 
tion; l)ut  the  woi-k  so  done  at  the  expense  of  su<'h  owiu'r  or  owners 
shall  be  upon  the  official  grade,  and  in  condition  satisfactory  to 
the  Bf)ard  of  I'ublic  Works  at  the  time  said  order  is  passed. 

Resolution   of   Intention. 

Subdivision  Ten — The  Tioard  of  Tublic  Works  iii:iy  include  in 
the  resolution  of  intention  any  of  the  different  kiiids  of  work 
mentioned  in  this  Chapter,  and  it  may  e,\cc|»t  thcrcfroiii  any  of 
said  work  already  done  upon  the  street  to  the  official  grade.  The 
lots  and  portions  of  lots  fronting  upon  said  accepted  work  already 
done  shall  not  be  included  in  the  frontage  assessment  for  the  class 
of  work  from  which  the  exception  is  made;  but  this  sliall  not  be 


80  Charier  of  the  City  and  County  of  San  Francisco. 

construed  so  as  to  affect  the  special  provisions  as  to  grading  con- 
tained in  sulidi vision  nine  of  this  section. 

Estimate  and  Assessment  Upon  Completion  of  Contract. 

Subdivision  Eleven — When  the  resolution  of  intention  declares 
that  the  expense  of  the  work  and  improvement  is  to  be  assessed 
upon  a  district,  immediately  after  the  contractor  has  fulfilled  his 
contract  to  the  satisfaction  of  the  Board  of  Public  Works,-  or  to 
the  satisfaction  of  the  Supervisors  on  appeal,  the  Board  of  Public 
Works  shall  proceed  to  estimate  upon  the  lands,  lots,  or  portions 
of  lots  ^^'ithin  said  assessment  district,  as  shown  by  the  diagram 
provided  for  in  section  five  of  this  Chapter,  the  benefits  arising 
from  such  work,  and  to  be  received  by  each  such  lot.  portion  of 
such  lot,  piece  or  subdivision  of  land,  and  shall  thereupon  assess 
upon  and  against  said  lands  in  said  assessment  district  the  total 
amount  of  the  expense  of  such  proposed  work,  and  in  so  doing 
shall  assess  said  total  sum  upon  the  several  pieces,  parcels,  lots, 
or  portions  of  lots,  and  subdivisions  of  land  in  said  district  bene- 
fited thereby,  to  wit :  Upon  each  respectively  in  proportion  to  the 
estimated  benefits  to  be  received  by  each  of  said  several  lots,  por- 
tions of  lots,  or  subdivisions  of  land.  In  other  respects  the  assess- 
ment shall  be  as  provided  in  this  Chapter. 

Board    May   Establish    Method  of  Assessment. 

Sec.  10.  If  at  any  time  there  shall  be  any  street  work  or  im- 
provement done,  and  none  of  the  methods  hereinbefore  provided 
are  legally  sufficient  to  authorize  the  Board  of  Public  Works  to 
make  an  assessment  to  pay  for  the  expense  thereof,  then  said 
Board  shall,  before  it  passes  a  resolution  of  its  intention  to  rec- 
ommend the  ordering  of  said  work  or  improvement,  establish  by 
resolution  a  method  by  means  of  which  such  assessment  shall  be 
made ;  and  on  the  completion  of  the  work  or  improvement  to  the 
satisfaction  of  said  Board,  or  to  the  satisfaction  of  the  Supervisors 
on  appeal,  said  Board  shall  make  an  assessment  to  pay  the  ex- 
pense thereof  according  to  the  method  established  by  said  reso- 
lution. 

Assessments   Authenticated. 

Sec.  11.  In  making  all  assessments  the  Board  of  Public  Works 
shall  act  as  a  Board,  and  the  assessment  shall  l)e  authenticated  by 
the  signatures  of  all  the  members  thereof. 

Warrant  Attached  to  Assessment.     Form  of  Warrant  for  Street  Work. 

Sec.  12.  To  said  assessment  shall  be  attached  a  warrant  which 
shall  be  signed  by  the  President  of  the  Board  of  Public  Works  and 
countersigned  by  the  Secretary  thereof.  Said  warrant  shall  be 
substantially  in  the  following  form : 

By  virtue  hereof  the  Board  of  Public  Works  of  the  City  and 
County  of  San  Francisco,  by  the  authority  vested  in  it,  does  au- 
thorize and  empoAver  (name  of  contractor)  his  (or  their)   agents, 


Article  VI,  Chapter  II,  Department  of  Public  Works.        81 

or  assigns,  to  demand  and  receive  the  several  assessments  upon 
the  assessment  and  diagram  hereto  attached,  and  this  shall  he 
his  (or  their)  warrant  for  the  same. 

(Date) .     (Name  of  President  of  Board  of  Public 

Works) . 

Countersigned  by  (Name  of  Secretary  of  Board  of  Public 
Works). 

Said  warrant,  assessment  and  diagram  shall  be  recorded  in  the 
office  of  the  Board.  When  so  recorded  the  several  amounts 
assessed  shall  be  a  lien  upon  the  lands,  lots,  or  portions  of  lots 
assessed,  respectively,  for  the  period  of  two  years  from  the  dnte  of 
said  recording,  unless  sooner  discharged;  and  from  and  after  the 
date  of  said  recording  of  any  warrant,  assessment  and  diagram, 
all  persons  interested  in  said  assessment  shall  be  deemed  to  have 
notice  of  the  contents  of  the  record  thereof. 

After  said  warrant,  assessment  and  diagram  are  rccortled,  the 
same  shall  be  delivered  to  the  contractor,  or  his  agent  or  assigns, 
on  demand,  but  not  until  after  the  payment  to  the  Board  of  tlie 
incidental  expenses  not  previously  paid  by  the  contractor  or  his 
assigns.  By  virtue  of  said  warrant  said  contractor,  or  his  agents 
or  assigns,  shall  be  authorized  to  demand  and  receive  tlie  amount 
of  the  several  a.ssesments  made  to  cover  the  sum  due  for  tlic  woi-k 
specified  in  such  contracts  and  assessments. 

When  it  shall  appear  by  the  final  judgment  of  any  coui-t  iii  this 
Sfate  liaving  jui-isdiction  to  render  such  judgment,  that  ;iiiy  suit 
brougiit  to  foreclose  the  lien  of  any  assessment  for  str(M't  \v(M'k 
made  under  this  Chapter,  or  in  the  recording  thereof,  has  been 
defeated  by  reason  of  any  defect,  error,  informalify.  omission, 
irregularity,  oi-  illegality,  thereof  or  therein,  or  in  the  rdurii  oji 
the  warrant  issued  pursuant  to  any  such  a.s.sessment,  or  in  the 
recording  of  any  such  warrant,  any  person  interested  therein 
may,  at  any  time  within  seven  months  after  the  entry  of  said  final 
judgment,  apply  to  the  lioard  for  another  assessment  to  be  issued 
in  conformity  to  law;  and  the  Board  shall,  within  sixty  days 
after  the  tiine  of  said  ajiplication,  make  and  deliver  to  said  apjili- 
eant  a  new  assessment,  diagram  and  warrant  in  acciu-dance  with 
law,  and  sign,  record  and  authenticate  tlu;  sann^  as  above  |)roviiled. 
Such  assessment  shall  ]>('  a  lien  upon  the  lots  of  land  set  out  therein 
for  the  period  of  two  years  from  the  date  of  its  reeordiu'.'.  and  suit, 
may  b(!  brouirhl  to  enfoi-ce  said  li<'n  as  j»rovided  in  this  Chapter. 
Should  such  liiial  judgment  be  that  of  thc^  Superior  ('<Mirl  for 
the  City  and  ('ounty  and  an  appeal  therefrom  to  the  Sujireiiie 
Court  of  the  State  has  been  taken,  no  such  other  assessment  sli.dl 
be  mad(!  until  said  appeal  has  been  (ieleriiiined. 

How  Assessments  Are  Paid. 

Se(!.  1'i.  The  contractur  or  his  assigns,  or  some  person  on  his 
or  their  b(!half,  shall  call  upon  the  persons  assessed,  or  their 
agent,  if  they  can  conveniently   he   found,  and  demand   payment 


82  Charter  of  the  City  and  Counly  of  San  Francisco. 

..f  tin-  iiiiioiiut  jissessod  to  each.  If  any  payment  be  made,  the 
I'ontnu'tDr,  his  assigns,  or  some  person  on  his  or  their  behalf, 
shall  receipt  the  same  upon  the  assessment  in  the  presence  of  the 
person  making  such  payment,  and  shall  also  give  a  receipt  if 
demanded.  When  the  persons  so  assessed,  or  their  agents,  cannot 
conveniently  be  found,  or  when  the  owner  of  the  lot  is  stated  as 
"unknown"  upon  the  assessment,  then  said  contractor  or  his 
assigns,  or  some  person  on  his  or  their  behalf,  shall  publicly 
ilemand  pajnnent  on  the  premises  assessed. 

The  warrant  shall  be  returned  to  the  Board  of  Public  Works 
within  thirty  days  after  its  date  with  a  return  indorsed  thereon, 
signed  by  the  contractor  or  his  assigns,  or  some  person  on  his 
or  their  behalf,  verified  upon  oath,  stating  the  nature  and  char- 
acter of  the  demand,  and  whether  any  of  the  assessments  remain 
unpaid  in  whole  or  in  part,  and  the  amount  thereof.  Thereupon 
the  Secretary  of  the  Board  shall  record  the  return  so  made  in 
the  margin  of  the  record  of  the  warrant  and  assessment. 

The  Board  can  at  any  time  receive  the  amount  due  upon  any 
assessment  and  warrant  issued  by  it  and  give  a  good  and  sufficient 
discharge  therefor ;  but  no  such  payment  so  made  after  suit  has 
been  commenced  shall  operate,  without  the  consent  of  the  plaintiff 
in  the  action,  as  a  complete  discharge  of  the  lien  until  the  costs  in 
the  action  shall  be  refunded  to  the  plaintiff. 

The  Board  may  release  any  assessment  upon  the  books  of  its 
office  on  the  pajnnent  to  it  of  the  amount  of  the  assessment,  with 
interest,  against  any  lot,  or  on  the  production  to  it  of  the  receipt 
of  the  party  or  his  assigns  to  whom  the  assessment  and  warrant 
were  issued.  If  any  contractor  shall  fail  to  return  his  warrant 
within  the  time  and  in  the  form  provided  in  this  section  he  shall 
thenceforth  have  no  lien  upon  the  property  assessed;  but  if  any 
warrant  is  lost,  upon  proof  of  such  loss,  a  duplicate  may  be  issued, 
upon  which  a  return  may  be  made  with  the  same  effect  as  if  the 
original  had  been  so  returned.  After  the  return  of  the  assess- 
ment and  warrant  as  aforesaid,  all  amounts  remaining  due  thereon 
shall  draw  interest  at  the  rate  of  seven  per  centum  per  annum 
until  paid. 
Appeal  to  Supervisors  From  Decision  of  Board,  and  Proceedings  Thereon. 

Sec.  14.  The  owners,  whether  named  in  the  assessment  or  not, 
the  contractor  or  his  assigns,  and  all  other  persons  directly  inter- 
ested in  any  work  provided  for  in  this  Chapter,  or  in  the  assess- 
ment, feeling  aggrieved  by  any  act  or  determination  of  the  Board 
of  Public  Works  in  relation  thereto,  or  who  claim  that  the  work 
has  not  been  performed  according  to  the  contract  in  a  good  and 
substantial  manner,  or  ha^^ng  or  making  any  objection  to  the 
correctness  or  legality  of  the  assessment  or  other  act,  determina- 
tion, or  proceedings  of  the  Board,  shall,  within  thirty  days  after 
the  date  of  the  warrant,  appeal  to  the  Supervisors,  by  briefly 
stating  their  objections  in  writing  and  filing  the  same  with  the 


Article  VI,  Cliapter  II,  Department  of  Public  Works.        83 

Clerk  of  the  Supervisors.  Notice  of  the  time  and  place  of  the 
hearing,  briefly  referring  to  the  work  contracted  to  be  done,  or 
other  subject  of  appeal,  and  to  the  acts,  determinations  or  pro- 
ceedings objected  to  or  complained  of,  shall  be  published  for  five 
days.  Upon  such  appeal  the  Supervisors  may  remedy  and  correct 
any  error  or  informality  in  the  proceedings,  and  revise  and  correct 
any  of  the  acts  or  determinations  of  the  Board  relative  to  said 
work,  may  confirm,  amend,  set  aside,  alter,  modify  or  correct 
the  assessment  in  such  manner  as  to  them  shall  seem  just;  and 
require  the  work  to  be  completed  according  to  the  directions  of 
the  Supervisors,  and  may,  at  their  option,  direct  the  Board  of 
Public  Works  to  correct  the  warrant,  assessment  or  diagram  in 
any  particular,  or  to  make  and  issue  a  new  warrant,  assessment 
and  diagram  to  conform  to  the  decisions  of  the  Supervisors  in 
relation  thereto. 

All  the  decisions  and  determinations  of  the  Supervisors,  upon 
notice  and  hearing  as  aforesaid,  shall  be  final  and  conclusive  upon 
all  persons  entitled  to  appeal  under  the  provisions  of  this  section, 
as  to  all  errors,  informalities  and  irregularities,  which  the  Super- 
visors might  have  remedied  and  avoided ;  and  no  assessment  shall 
be  held  invalid,  except  upon  appeal  to  the  Supervisors,  as  pro- 
vided in  this  section,  for  any  error,  informality  or  other  defect 
in  the  proceedings  prior  to  the  assessment,  or  in  the  assessment 
itself,  where  the  Board  of  Public  Works  has  acquired  jurisdiction 
to  make  the  same. 

Assessments  Collected  by  Suit. 

Sec.  15.  At  any  time  after  the  period  of  thirty-five  days  from 
the  day  of  the  date  of  the  warrant,  or  if  an  appeal  lias  been 
taken  to  the  Supervisors,  then,  at  any  time  after  five  days  frcnn 
the  decision  of  the  Supervisors  on  such  appeal,  or  after  the  rctui-u 
on  tlie  warrant,  after  the  same  may  have  been  collected,  altered 
or  modified,  as  herein  provided,  but  not  less  than  within  thirty- 
five  days  from  the  date  of  the  warrant,  the  contractor  or  his  assignee 
may  sue  in  his  own  name  the  owner  or  the  mortgagee  of  tlie  land, 
lots,  or  portions  of  lots  assessed  on  the  day  of  the  date  of  the 
recording  of  the  warrant,  assessment  and  diagram,  or  imy  day 
thereafter  during  the  continuance  of  the  lien  of  said  asscssiiicnt, 
and  recover  the  amount  of  any  assessment  remaining  unpiiid,  willi 
interest  thereon  at  the  rate  of  seven  per  centum  i)er  nniium  unlil 
paid. 

In  all  cases  of  recovery  under  the  provisions  of  this  C'liaptiu' 
the  plaintiff  shall  recover  the  sum  of  fifteen  dollars  in  addition  to 
the  taxable  costs,  as  attorney's  fees,  l)ut  not  any  percentage  upon 
said  recovery.  When  suit  has  been  brought,  after  a  personal 
demand  has  been  made  and  a  refusal  1o  p;iy  such  ass(!ssnient  so 
demanded,  the  plaintiff  shall  also  be  f-nlillcd  to  have  and  recover 
said  sum  of  fifteen  dollars  as  a1t<»rncy's  fees  in  a(ldilit)n  to  all 
taxable  costs,  notwithstanding  tliat    the  suit  may  l)e  settled  or  a 


S4  Charter  of  the  ditij  a)id  County  of  San  Francisco. 

tender  be  made  before  a  recovery  in  said  action,  and  he  may  have 
.judgment  tlierefor. 

Said  warrant,  assessment  and  diagram,  witli  the  affidavit  of 
demand  and  non-payment,  shall  be  held  prima  facie  evidence  of  the 
regularity  and  correctness  of  the  assessment  and  of  the  prior  pro- 
ceedings and  acts  of  the  Board  of  Public  Works  and  of  the  Super- 
visors upon  which  said  warrant,  assessment  and  diagram  are 
based,  and  like  evidence  of  the  right  of  the  plaintiff  to  recover  in 
the  action.  The  Court  in  w'hieh  said  suit  shall  be  commenced  shall 
have  power  to  adjudge  and  decree  a  lien  against  the  lots  of  land 
assessed,  and  to  order  such  premises  to  be  sold  on  execution  as  in 
other  cases  of  the  sale  of  real  estate  by  the  process  of  said  Courts. 
In  all  actions  brought  to  enforce  the  lien  of  assessments  made 
pursuant  to  the  provisions  of  this  Chapter  the  proceedings  therein 
sliall  be  governed  and  regulated  by  the  provisions  of  this  Chapter, 
and  when  not  in  conflict  herewith,  by  the  Codes  of  this  State. 

Repairs  to  Streets  Not  Yet  Accepted  Must  Be  Done  by  Owners;  If  Not 
Done,  Board  May  Do  So.  Bids  for  Repairs.  Owners  Liable  for 
Amount.     Certificate  of  the  Board  Upon  Completion. 

Sec.  16.  When,  in  the  judgment  of  the  Board  of  Public  Works, 
any  portion  of  the  roadway  of  any  improved  street,  avenue,  lane, 
alley,  court  or  place,  or  any  portion  of  any  sidewalk  thereof,  in 
the  City  and  County,  none  of  which  has  been  accepted  by  the 
Supervisors  as  by  law  or  as  in  this  Charter  provided,  shall  be  so 
out  of  repair  or  in  such  condition  as  to  endanger  persons  or  prop- 
erty passing  thereon,  or  so  as  to  interfere  with  the  public  con- 
venience in  the  use  thereof,  the  Board  is  authorized  to  notify  the 
o^Mier  or  owners  of  any  lot  fronting  on  said  portion  of  said  street, 
avenue,  lane,  alley,  court  or  place,  or  fronting  on  such  portion  of 
said  sidewalk  so  out  of  repair  or  in  such  condition  as  aforesaid, 
by  a  notice  in  writing  to  be  delivered  to  him,  or  liis  agent,  or  to 
any  of  the  persons  referred  to  in  Section  19  of  this  Chapter  (and 
for  the  purposes  of  this  section  any  of  such  persons  shall  be  deemed 
the  "owner"),  requiring  such  owner  to  repair,  or  reconstruct,  or 
improve  forthwith,  in  such  manner  and  wdth  such  material  as  the 
Board  may  determine  and  direct,  said  portion  of  said  street,  avenue, 
lane,  alley,  court  or  place,  to  the  center  line  thereof,  or  said  portion 
of  said  sidewalk  in  front  of  the  lot  of  which  he  is  the  owner. 

If  said  repair,  reconstruction  or  improvement  be  not  begun  within 
five  (5)  days  after  notice  given  as  aforesaid,  and  diligently  and 
without  interruption  prosecuted  to  completion,  the  Board  may,  if 
it  so  determine,  enter  into  a  contract  with  any  suitable  person  at 
the  expense  of  such  owner  for  the  doing  of  the  work  of  the  required 
repair,  or  reconstruction,  or  improvement  after  the  following  pro- 
ceedings as  in  this  section  hereinafter  provided  shall  have  been 
taken  by  the  Board. 

The  Board  shall  cause  a  notice  inviting  sealed  bids  for  the  doing 
of  said  required  work  to  be  conspicuously  posted  in  its  office  for 
three  days  (legal  holidays  excepted),  together  with  the  specifica- 


Article  VL  Chapter  II,  Department  of  Public  Works.        85 

tions  for  such  required  work.  The  said  notice  shall  specify  the  day 
and  hour  when  such  sealed  bids  must  be  delivered  to  the  Board,  and 
shall  contain  a  general  description  of  the  work  to  be  done,  the  time 
within  which  the  work  is  to  be  commenced  and  when  to  be  com- 
pleted, and  the  amount  of  the  certified  check  hereinafter  provided 
for  as  a  guaranty  for  the  faithful  performance  of  the  contract,  and 
shall  refer  to  the  specitications  posted  therewith.  On  the  day  and 
at  the  hour  specified  in  said  notice,  the  Board  shall  assemble  and 
remain  in  session  for  at  least  one  hour,  and  all  such  bids  shall  be 
delivered  to  the  Board  while  it  is  so  in  session  and  within  the  hour 
named  in  the  said  notice.  At  the  expiration  of  the  hour  stated  in 
the  said  notice  witliin  which  the  bids  shall  be  received,  the  Board 
shall,  in  open  session,  open,  examine  and  publicly  declare  the  same, 
and  an  abstract  of  each  bid  shall  be  recorded  in  the  minutes  of  the 
Board  by  the  Secretary.  The  Board  shall  award  the  contract  to 
the  lowest  responsible  bidder,  if  in  its  judgment  the  bid  of  such 
bidder  is  reasonable  and  just. 

The  Board  may  for  good  cause  reject  any  and  all  bids,  and  must 
reject  the  bid  of  any  party  who  has  l)eeu  delinquent  or  unfaitliful 
in  any  former  contract  awarded  to  him  by  the  Board. 

No  bid  shall  be  considered  by  the  Board  unless  it  be  accompanied 
by  a  check,  certified  by  a  responsible  bank,  payable  to  the  order 
of  the  Clerk  of  the  Supervisors  of  the  City  and  County,  for  an 
amount  determined  by  the  Board  and  specified  in  said  notice  invit- 
ing bids.  Such  check  shall  be  held  by  tlie  Board  as  a  guaranly 
that  the  bidder  to  whom  the  C(mtract  has  been  awarded,  as  hci-cin- 
before  provided,  will  enter  into  contract  to  do  said  woi-k  and  I'ailli- 
fuUy  perform  such  contract. 

If  said  l)idder  fails  or  refuses  to  enter  into  the  contract  to  do 
said  work  as  hereinafter  provided,  or  if  after  having  entered  into 
the  said  contract  said  bidder  fails  to  faitlifuliy  perform  the  con- 
tract, then  the  said  certified  check  accomi)aiiying  his  bid  shall  be 
forf<'ited  to  the  City  and  County,  and  shall  be  collected  and  paid 
into  the  General  Fund  thereof. 

Tlie  bidder  to  whom  the  contract  lor  the  said  wtirk  has  bccii 
awai"d<'d  shall  cuter  into  a  written  contract  thcrel'or  with  the  Board 
of  Public  V\M)i-ks  within  live  (5)  days  after  tlu;  date  of  the  award 
thereof.  Upon  the  c(»mpl(!tion  of  tlie  re(|uircd  repair,  reconstruc- 
tion or  improvement  by  the  contractor  as  afoi'csaid  to  the  satisfac- 
tion of  the  lioard,  it  shall  make  and  deliver  to  the  contractor  a 
certificate  to  the  effect  that  such  repair,  reconstruction  or  improve- 
ment has  been  jiroperly  Tuade  by  said  contractor,  and  that  the 
charges  for  the  same  are  n^asonable  and  just,  and  that  the  Itoard 
of  J*ubli(;  Works  has  accepted  the  same.  l'|M>n  the  issuance  of  tin; 
.said  certificat(!  the  Board  shall  surrendei-  to  Ilie  coul  r.icldr  the  cer- 
tified ch(!(;k  hereinbefor'e  provided  for. 

Until  the  sidewalk  or  the  roadway  of  any  improved  sti-cet,  avenue, 
lane,  alley,  court  or  place;  in  Ihe  City  and  County  is  linally  accepted 
as  l)y  law  or  as  in  this  ('barter  provided,  the  obligation  to  repair, 
I'ceonstruet  or  im|)rove  the  same   is  imposed   upon   the  owner  or 


86  Charlvr  of  the  City  and  County  of  San  Francisco. 

owuers  of  tlio  lots  frouling  thereon. — As  amended  November  15, 
1910;  approved  by  the  Legislature  February  17,  1911  (Statutes, 
1911,  page  1661). 
Contractor  May  Sue  for  Amount  Due  on  Repairs. 

Sec.  17.  If  the  expense  of  the  work  and  material  for  the  repairs 
provided  for  in  the  hist  preceding  section  be  not  paid  on  demand 
to  the  contractor  so  emploj'ed,  or  his  agent  or  assignee,  said  con- 
tractor, or  his  assignee,  shall  have  the  right  to  sue  such  owner, 
tenant,  or  occupant  for  the  amount  contracted  to  be  paid;  and  the 
certificate  provided  for  in  said  section  shall  be  prima  facie  evidence 
of  the  amount  claimed  for  said  work  and  materials,  and  of  the 
right  of  the  contractor  to  recover  for  the  same  in  such  action.  Said 
certificate  shall  be  recorded  by  the  Board  of  Public  Works  in  a 
book  kept  by  it  in  the  office  for  that  purpose,  properly  indexed, 
and  the  sum  contracted  to  be  paid  shall  be  a  lien  as  in  case  of 
other  assessments  provided  for  in  this  Chapter. 
Supervisors   May   Prescribe  Further  Penalties. 

Sec.  18.  In  addition  to  the  remedies  above  given,  the  Super- 
visors may  prescribe  the  penalties  that  shall  be  incurred  by  any 
owner  or  person  neglecting  or  refusing  to  make  repairs  when 
required,  as  hereinbefore  provided.  Such  penalties  shall  be  en- 
forced for  the  use  of  the  City  and  County  by  prosecution  in  the 
name  of  the  People  of  the  State  of  California  in  the  Court  having 
jurisdiction  thereof,  and  may  be  applied  in  the  case  of  fines  to  the 
payment  of  expense  of  any  such  repairs  not  otherwise  provided  for. 
"Owner"   of   Property    Defined. 

Sec.  19.  The  person  OA\Tiing  the  fee,  or  the  mortgagee  of  such 
fee,  or  the  person  who,  on  the  day  the  action  is  commenced, 
appears  by  deed  duly  recorded  in  the  County  Recorder's  office  of 
the  City  and  County,  to  have  the  legal  title  to  the  land,  or  the 
person  in  possession  of  lands,  lots,  portion  of  lots  or  buildings 
under  claim,  or  exercising  acts  of  ownership  over  the  same  for 
himself,  or  as  executor,  administrator  or  guardian  of  the  owner, 
shall  be  regarded,  treated  and  deemed  to  be  the  "owner"  for  all 
the  purposes  of  this  Chapter.  And  in  case  of  property  leased,  the 
possession  of  the  tenant  or  lessee  holding  and  occupying  under 
such  persons  shall  be  deemed  to  be  the  possession  of  such  owner. 
Lessee  May  Deduct  Payment  From  Rent. 

Sec.  20.  Any  tenant  or  lessee  of  any  lot  of  land  on  which  has 
been  imposed  an  assessment  under  the  provisions  of  this  Chapter 
may  pay  said  assessment,  or  he  may  discharge  any  liability  imposed 
thereon  by  virtue  of  the  provisions  of  this  Chapter,  or  he  may 
redeem  the  property  within  the  time  prescribed  by  law,  if  legally 
sold  on  execution,  and  may  deduct  the  amount  so  paid  from  the 
rents  due  and  to  become  due  from  him;  and  he  shall  have  a  lien 
upon,  and  may  retain  possession  of,  said  lots  until  the  amount  so 
paid  and  advanced,  with  legal  interest  thereon,  be  satisfied  from 
accruing  rents  or  by  payment  by  the  owner. 


Article  VI,  Clmpter  II,  Department  of  Public  Works.        87 

Records  of  Board  Open  to  Inspection. 

Sec.  21.  The  records  kept  by  the  Board  of  Public  Works  shall 
have  the  same  force  and  effect  as  other  public  records,  and  duly 
certified  copies  therefrom  may  be  used  in  evidence  with  the  same 
effect  as  the  originals.  Said  records  shall,  during  all  office  hours, 
be  open,  free  of  charge,  to  the  inspection  of  any  citizen  wishing 
to  examine  them. 

Service  of  Notices. 

Sec.  22.  Notices  in  writing  required  to  be  given  by  the  Board 
may  be  served  by  any  person  over  the  a^e  of  twenty-one  years,  and 
the  fact  of  such  service  may  be  verified  by  the  oath  of  the  person 
making  it.  Such  oath  may  be  taken  before  the  Secretary  of  said 
Board  or  before  any  member  thereof. 
Accepted  Streets.    City  to  Keep  in  Repair. 

Sec.  23.  When  any  street  or  portion  of  a  street  has  been  or 
shall  hereafter  be  fully  constructed  to  the  satisfaction  of  the  Board 
of  Public  Works  and  of  the  Supervisors,  and  is  in  good  condition 
throughout,  and  a  sewer,  gas  pipes,  and  water  pipes  are  properly 
laid  therein,  the  same  shall  be  accepted  by  the  Supervisors  by  ordi- 
nance; and  thereafter  such  street  or  portion  of  a  street  shall  be 
kept  in  repair  and  improved  by  the  City  and  County.  The  Super- 
visors shall  not  accept  any  portion  of  a  street  less  than  the  entire 
width  of  the  roadway,  including  the  curbing,  and  one  block  in 
length,  or  one  entire  crossing;  but  they  may  partly  or  conditionally 
accept  any  street,  without  a  sewer,  or  gas  pipes  or  water  pipes 
therein,  if  the  ordinance  of  acceptance  expressly  states  that  they 
deem  such  sewer,  or  gas  pipes,  or  water  pipes  to  be  then  unneces- 
sary. In  such  case  the  lots  of  land  previously  or  at  any  time 
assessable  for  the  cost  of  constructing  a  sewer  shall  remain  and  be 
assessable  for  such  co.st  and  for  the  cost  of  repairs  and  restoration 
of  the  street  damaged  in  said  construction,  whenever  the  Super- 
visors shall  deem  a  sewer  to  be  necessary  and  shall  order  it  to  be 
constructed.  The  Board  of  Public  Works  shall  keep  in  its  office 
a  register  of  all  streets  accepted  by  the  Supervisors  under  this 
section,  which  register  shall  be  indexed  for  easy  reference  thereto. 

Procedure  for  Paving   Railroad   Tracks, 

Sec.  24.  The  Board  of  Public  Works  may  at  any  time,  without 
any  application  therefor,  recommend  to  the  Supervisors  to  order 
the  paving  or  macadamizing  of  the  jxirtion  of  any  street  reciuired 
by  law  to  be  paved  or  macadamized  by  the  person,  company  or 
corporation  having  railroad  tracks  thereon.  Upon  such  recom- 
mendation the  Supervisors  shall  by  ordinance  order  said  work  to 
be  done  and  direct  said  Board  to  notif.y  said  person,  company,  or 
corporation  of  the  fact  of  the  passage  of  such  ordinance. 

The  Secretary  r)f  said  Board  shall  thereupon  forlhwilh  in  writing 
notify  said  person,  company  or  corporation  of  IIh;  passage'  of  said 
ordinance;  and  if  said  person,  company  or  corporation  shall  not 
within  ten  days  after  receiving  said  notice  commence  in  good  faith 


8S  Charter  of  the  Cilij  and  County  of  San  Francisco. 

to  do  saiil  work  ;iiul  iirosocute  tlie  same  diligenlly  to  completion, 
tlio  Uonvd  sliall  invite  sealed  proposals  for  doing  said  work  in  the 
manner  provided  in  this  Artiele;  and  all  the  provisions  of  this 
Artiele  in  regard  to  such  proposals,  to  the  awarding  of  contracts, 
to  tlie  execution  of  contracts,  and  to  the  doing  of  public  work, 
shall  apply  to  all  similar  proceedings  taken  under  this  section.  On' 
the  completion  of  the  work  to  the  satisfaction  of  the  Board  the  con- 
tractor sliall  ])e  entitled  to  recover  from  such  person,  company  or 
corporation  tlie  contract  price  for  the  expense  of  said  work,  together 
with  incidental  expenses,  in  an  action  instituted  in  a  Court  of  com- 
petent jurisdiction.  On  the  trial  of  such  action,  the  certificate  of 
tlie  Jioard  of  the  completion  of  said  Mork  to  its  satisfaction  shall 
he  prima  facie  e^adence  of  the  regularity  of  all  the  proceedings 
jirior  thereto  and  of  plaintiff's  right  to  recover  in  said  action. 
Full  Width  of  Street. 

See.  25.  Except  as  otherwise  in  this  Chapter  specifically  pro- 
vided, no  ordinance  for  the  improvement  of  any  street  other  than 
for  sewers,  sidewalks  and  curbs,  except  for  the  improvement  of 
the  streets  constituting  or  Ijang  along  the  water  front  of  the  City 
and  County,  and  except  for  such  work  as  is  provided  for  in  the 
next  preceding  section,  shall  be  passed  by  the  Supervisors  without 
extending  said  improvement  throughout  the  whole  width  of  such 
street. 

Definition  of  Terms.     Use  of  Patented   Pavements. 

Sec.  20.  Wlierever  in  this  Article  the  word  "street"  occurs, 
it  shall  l)e  held  to  include  all  streets,  lanes,  alleys,  places  and 
courts  which  have  been,  or  may  be  hereafter  dedicated  and  open 
to  public  use,  and  whose  grade  and  width  have  been  legally  estab- 
lished; and  the  grade  of  all  intermediate  or  intersecting  streets 
in  any  one  block  shall  be  deemed  to  conform  to  the  grades  as  estab- 
lished at  the  crossings  of  the  main  streets. 

The  word  "improvement"  shall  be  held  to  include  grading, 
paving,  planking,  macadamizing,  piling  and  capping;  and  the 
construction  and  repairs  of  sewers,  cess-pools,  manholes,  culverts, 
drains,  sidewalks  and  curbs. 

The  term  "main  street"  shall  mean  such  street  or  streets  as 
bound  a  block,  and  the  term  "street"  shall  include  crossing. 

Tlie  word  "block"  shall  mean  the  blocks  known  or  designated 
as  such  upon  the  maps  and  books  of  the  Assessor. 

The  term  "quarter  block,"  as  used  in  this  Chapter  as  to  irregu- 
lar blocks,  shall  be  deemed  to  include  all  lots  or  portions  of  lots, 
having  any  frontage  on  either  intersecting  street  half  way  from 
.such  intersection  to  the  next  main  street,  or,  when  no  main  street 
intervenes,  all  the  way  to  a  boundary  line  of  the  City  and  County. 

The  word  "paved"  shall  include  any  pavement  of  stone,  iron, 
wood,  or  other  material  which  the  Supervisors  may  by  ordinance 
order  to  be  used ;  but  no  patented  pavement  shall  be  ordered  during 
the  existence  of  the  patent  therefor,  until  the  owner  of  such  patent 


Article  VI,  Chaplcr  II,  Beimrlment  of  Public  Works.        89 

shall  have  transferred  to  the  City  and  County  all  right  to  the  use 
of  the  same  therein,  witli  the  privilege  to  any  person  to  manufac- 
ture and  lay  tlie  same  upon  the  streets  unthn-  any  contract  that 
may  be  awarded  to  him,  or  entered  into  l)y  him  willi  the  (*ily  nnd 
County. 

The  term  "expense"  shall  in(;lude  the  i)rice  at  whie-h  the  eon- 
tract  was  awarded,  and  the  term  "incidental  expenses"  shall 
include  all  expenses  incurred  in  printing  and  advertising  the  work 
contracted  for,  and  nil  expenses  for  surveying,  measuring  and 
inspecting  the  work. 

All  notices  and  resolutions  required  in  this  Article  to  be  pub- 
lished shall  be  publi.shed  daily,  legal  holidays  excepted,  in  the 
official  newspaper. 

All  notices  herein  reipiired  to  be  served,  whether  by  (h'livery 
mailing  or  posting,  may  be  so  served  by  any  male  citizen  of  tlie 
age  of  twenty-one  years,  and  his  affidavit  thereof  shall  be  prima 
facie  evidence  of  such  service.  The  affidavit  by  the  publisher  of 
the  official  newspaper,  or  his  clerk,  of.  the  publication  of  any  notice 
required  in  this  Article  to  be  published,  shall  be  prima  facie  evi- 
dence of  such  publication. 

Procedure  Relating  to  Closing  of  Streets. 

Sec.  27.  "When  the  owners  of  all  the  lands  fronting  upon  any 
.street  which  is  less  than  forty  feet  in  width,  for  the  entire  distance 
of  said  street,  or  for  the  distance  of  one  or  more  entire  blocks, 
shall  petition  the  Board  of  Public  Works  that  the  said  street,  or 
that  portion  thereof  upon  which  said  lands  front,  be  closed,  the 
Board  may  pass  a  resolution  recommending  tluit  the  same  be 
closed.  Before  passing  such  a  resolution  the  Board  shall  cause 
a  notice  of  the  application  to  be  publi.shed  in  the  official  newspaper, 
and  shall  fix  a  time  and  place  at  whieii  it  will  consider  tlie  same 
and  hear  ol)jeclioiis  thereto.  Upon  such  liearing  it  shall  determine 
whether  it  will  reconmiend  that  tlie  street  ho.  closed;  and  if  it  shall 
so  determine,  it  shall  transmit  such  reecmmendatious  to  tlie  Super- 
visors. Thereupon  the  Supervi.sors  may  pass  an  ordinance  that 
the  street  l)e  closed;  and  the  same  shall  not  thereafter  be,  or  be 
deemed  to  be,  a  public  street,  or  subject  to  any  public  expense  or 
improvement;  and  the  land  theretofore  included  within  the  road- 
way and  sidewalks  of  said  street  shall  thereafter  be  the  property 
of  the  City  and  County.  No  such  ordinance  shall  be  passed  until 
the  petitioners  shall  have  pai<l  all  the  expenses  of  .said  proceedings. 

New  streets  and  Subdivisions. 

Sec.  28.  Tn  all  cases  where  lands  in  the  City  and  County  shall 
be  hereafter  sub-divided  and  laid  out  into  blocks  or  |)lats,  sub- 
lots,  streets  and  alleys,  or  when  new  streets  or  public  grounds 
shall  be  laid  out,  ojiened,  donated  or  granted  to  the  public  by  any 
proprietor,  the  map  or  plat  thereof  shall  be  submitted  to  th(^  lioard 
of  Public  Works  for  its  appivjval,  and  if  IIk;  P>oard  approve  the 
same,  such  approval  shall  he  by  it  indorsed  upon  the  said  map  or 


00  Cliiirhr  of  llir  CU)/  and  County  of  San  Francisco. 

|)l;it.  and  saiil  map  with  said  approval  shall  then  be  filed  in  the 
otVu'o  of  the  Recordor;  and  williont  such  approval  indorsed  thereon 
no  such  map  or  plat  shall  bo  fik^l  in  the  office  of  the  Recorder, 
or  have  any  validity;  nor  shall  any  street,  alley,  or  public  ground 
hereafter  opened  and  dedicated  as  such,  become  or  be  a  public 
street  or  be  subject  to  any  public  improvement  or  expense  without 
such  approval,  indorsement  and  record.  No  street  hereafter  laid 
out  sliall  be  approved  or  become  a  public  street  unless  the  same 
shall  be  at  least  forty  feet  in  width  and  two  hundred  feet  distant 
from  any  parallel  street. 

Cleaning  and  Sprinkling  of  Streets.     Districts. 

Sec.  29.  The  Board  shall  cause  the  public  streets  to  be  properly 
cleaned  and  sprinkled,  and  for  that  purpose  may  employ  such 
laborers  and  other  employees  as  may  be  necessary,  and  may,  with 
tlie  consent  of  the  Supervisors,  expressed  by  ordinance,  purchase 
teams,  machinery,  materials  and  other  appliances  as  may  be  deemed 
necessary  for  said  work,  but  the  Board  must  give  the  preference 
to  hand  sweeping  so  far  as  it  can  do  so  with  reference  to  the  proper 
sweeping  of  the  streets  and  the  funds  at  its  disposal. 

The  Board  may,  if  the  public  interest  will  be  subserved,  cause 
the  cleaning  and  sprinkling  of  the  public  steets  to  be  performed, 
either  in  whole  or  in  part,  by  public  contract.  In  such  case  the 
Board  shall  divide  the  city,  or  such  portions  of  the  city  as  it  shall 
determine  to  have  cleaned  or  sprinkled  by  public  contract,  into 
such  number  of  districts  as  in  its  judgment  will  best  induce  com- 
petition for  bids,  and  secure  the  cleaning  or  sprinkling  of  such 
streets  at  the  lowest  cost. 

The  Secretary  of  the  Board  shall,  under  its  direction,  cause  to 
be  published  for  a  period  of  ten  (10)  days  a  notice  inviting  pro- 
posals for  cleaning  or  sprinkling  each  of  said  districts  in  accord- 
ance with  the  specifications  on  file  at  the  office  of  the  Board.  Bids 
shall  be  made  for  each  district  separately.  All  the  provisions  of 
this  Article  in  relation  to  the  making  and  opening  of  bids,  awarding 
of  contracts  and  entering  into  and  performance  of  contracts  shall 
be  applicable  to  said  contracts. — As  amended  December  4,  1902; 
approved  hy  the  Legislature  February  5,  1903  (Statutes,  1903, 
page  590). 

Urgent  Repairs. 

Sec.  30.  The  Board  shall  cause  to  be  made  all  urgent  repairs 
upon  the  public  streets  that  may  from  time  to  time  be  requisite 
for  the  public  safety,  and  for  that  purpose  may  employ  such  labor- 
ers as  may  be  necessary,  and  at  such  wages  as  'may  be  from  time  to 
time  fixed  by  the  Board;  but  when  the  expense  of  the  repairs 
upon  any  street  or  portion  of  a  street  shall  exceed  the  sum  of 
five  hundred  dollars,  exclusive  of  materials  to  be  furnished  from 
the  Corporation  Store  Yard,  the  same  shall  be  done  under  contract 
awarded  in  the  manner  provided  in  this  Article. 


Article  VI,  Chapter  II,  Department  of  Public  Works.        91 

Contracts  for  Materials. 

Sec.  31.  The  Board  shall,  from  time  to  time,  after  it  shall  have 
been  directed  so  to  do  by  the  Supervisors  by  ordinance,  invite  pro- 
posals for  supplying  to  the  City  and  County  such  materials  as  maj^ 
be  required  for  the  repair  of  the  public  streets  or  for  any  improve- 
ment thereof,  and  such  proceedings  shall  be  had  in  awarding  con- 
tracts therefor  as  are  in  this  Article  provided  for  awarding  other 
contracts. 

Corporation   Store  Yard.     Storekeeper.     Duties. 

Sec.  32.  The  Supervisors  shall  select  some  place  in  the  City 
and  County  which  shall  be  known  as  the  Corporation  Store  Yard, 
wherein  shall  be  kept  all  supplies,  material,  implements  and 
machines  belonging  to  the  City  and  County,  to  be  used  in  repair- 
ing or  cleaning  and  sprinkling  the  streets  or  for  any  improve- 
ment thereon.  The  Board  of  Public  Works  shall  appoint  a  Store- 
keeper for  said  Yard,  who  shall  hold  his  office  during  its  pleasure. 
He  shall  have  the  custody  of  said  Yard  and  of  all  the  supplies, 
material  and  implements  therein,  and  shall  keep  books  of  account 
in  Avhich  shall  be  kept  a  systematic  account  of  all  purchases,  and 
of  the  receipt  of  supplies  and  material  under  any  contracts  awarded 
under  the  provisions  of  the  preceding  section,  and  of  the  delivery 
thereof,  which  books  shall  at  all  times  show  the  amount  of  said 
material  and  supplies  on  hand  and  in  store,  and  when,  to  whom, 
and  for  what  purpose  each  article  was  delivered.  He  shall  l)e 
responsible  for  all  material  and  supplies  in  said  Yard,  and  shall 
not  deliver  any  article  except  upon  the  written  order  or  requisition 
of  the  President  and  Secretary  of  the  Board  of  Public  Works,  and 
he  shall  take  the  written  receipt,  indorsed  upon  said  order,  of  each 
person  to  whom  any  delivery  is  made,  specifying  the  date  of  such 
delivery  and  the  amount  and  kind  of  material  and  supplies  deliv- 
ered. For  any  deficiency  in  his  accounts  or  for  the  delivery  of 
any  article  without  such  order  or  requisition  and  receipt,  he  shall 
be  liable  upon  his  official  bond.  All  cobble  stones,  or  stone  blocks 
or  other  material  with  which  any.  street  or  portion  of  a  street  may 
have  been  paved  or  planked  shall,  if  at  any  time  removed  from 
said  street,  be  taken  to  said  Yard,  and  there  kept,  accounted  for 
and  disposed  of  by  the  Storekeeper  in  the  same  manner  as  other 
supplies. 

Ten   Year   Installments. 

Sec.  33.  ,  The  method  of  procedure  in  this  Article  provided  for 
the  improvement  of  streets,  or  for  the  constniclion  of  tunnels, 
subways  or  viaducts  and  appurtenances  thereto,  and  for  the  assess- 
ment of  the  expense  thereof  or  any  portion  of  such  expense  upon 
private  property,  shall  not  be  deemed  exclusive,  but  the  Board  of 
Supervisors  by  an  affirmative  vote  of  not  less  than  two-thirds  of 
the  members  thereof,  may  by  ordinance  substitute  therefor  any 
method  of  procedure  in  any  general  law  of  the  State  of  California 
now  in   force  and  effect,  or  as  the  same  may  be  amended  or  that 


92  Charter  of  the  City  and  Couniy  of  San  Francisco. 

may  hereafter  b.^  enacted,  providing  for  any  such  improvements  in 
nniuicipalities.  and  levying:  assessments  for  the  expense  or  portion 
thereof  upon  private  property;  or  the  said  board  may,  by  a  like 
altirmative  vote  of  the  members  thereof,  adopt  an  ordinance  which 
may  from  time  to  time  be  revised  or  amended,  providing  a  method 
of  procedure  for  such  improvement  and  assessment;  and  in  such 
ordinance  if  said  Board  deems  it  expedient,  provision  may  be 
made  for  the  payment  of  any  assessment  levied  in  pursuance  of 
tlie  provisions  thereof  in  annual  installments  covering:  a  term  not 
to  exceed  ten  years  upon  conditions  as  to  said  Board  may  seem 
reasonable  and  just,  the  rate  of  interest  to  be  paid  on  such  payments 
not  to  exceed  7  per  cent  per  annum.  In  any  proceeding  for  the 
improvement  of  streets  Avherein  provision  is  made  for  the  payment 
of  any  assessment  in  annual  installments,  the  amount  of  such 
assessment  shall  not  be  limited  by  the  provisions  contained  in 
Subdivision  3  of  Section  8  of  this  Chapter. — As  amended  December 
10,  1912;  approved  hy  the  Legislature  March  28,  1913  (Statutes, 
1913,  page  1602). 

CHAPTER  III. 

OPENING,    EXTENDING,    WIDENING,   STRAIGHTENING   OR    CLOSING 
UP    OF    STREETS    AND    THE    CONDEMNATION    AND    ACQUISI- 
SITION   OF   LAND  AND   PROPERTY   NECESSARY  THERE- 
FOR    AND     THE     PERFORMANCE     OF     STREET 
WORK   IN   CONNECTION  THEREWITH. 

Power  of  Supervisors  to  Open,  Etc.,  Streets. 

Section  1.  Whenever  the  public  interest  or  convenience  may 
require,  the  Supervisors  shall  have  full  power  and  authority  to 
order  the  extending,  widening,  straightening  or  closing  up,  in 
Avhole  or  in  part,  of  any  street,  avenue,  lane,  alley,  court  or  place 
within  the  CiXy  and  County,  and  shall  have  further  full  power  and 
authority  to  order  the  opening  of  anj'-  new  street,  avenue,  lane, 
alley,  court  or  place  within  the  City  and  County,  and  to  condemn 
and  acquire  any  and  all  lands  a^d  property  necessary  for  any  of 
the  foregoing  purposes,  and  shall  have  further  full  power  and 
authority  to  order  to  be  done  in  the  same  proceeding  and  as  a  part 
thereof  any  and  all  street  work  and  street  improvement  in  and 
on  any  street,  avenue,  lane,  alley,  court  or  place  which  the  Super- 
visors shall,  under  the  powers  conferred  upon  said  Supervisors  in 
this  Chapter  and  Article,  order  to  be  extended,  widened,  straight- 
ened or  opened.  The  cost,  damage  and  expense  of  such  opening, 
extending,  curving,  straightening  and  closing  up  of  any  street, 
avenue,  lane,  alley,  court  or  place  and  of  said  street  work  and 
street  improvement  may  be  assessed  in  whole  or  in  part  on  property 
benefited  or  may  be  paid  in  whole  or  in  part  out  of  the  revenues 
of  the  City  and  County.  Two  or  more  .streets,  avenues,  lanes, 
alleys,  courts  or  places  laid  out  in  pursuance  of  one  general  plan 
may  be  opened  under  one  i)roeeeding,  and  all  street  work  and 
street  improvement  therein  and  thereon  may  be  done  under  the 


Article  VI,  Chapter  III,  Department  of  Public  Works.       93 

same  proceeding,  and  the  property  benefited  may  be  assessed  accord- 
ing to  the  benefit  from  such  general  plan  for  the  cost,  damage  and 
expense  thereof. 

The  Supervisors  are  further  empowered  to  provide  by  ordinance, 
or  ordinances,  passed  by  12  members  of  the  Board,  the  procedure 
for  fully  and  completely  exercising  the  powers  conferred  in  this 
section,  and  the  procedure  provided  for  in  the  following  sections 
of  this  Chapter  shall  not  be  deemed  exclusive.  In  such  ordinance 
or  ordinances,  if  said  Board  deems  it  expedient,  provision  may  be 
made  for  the  payment  of  an  assessment  levied  in  pursuance  of  the 
provisions  thereof  in  annual  installments  covering  a  term  not  to 
exceed  ten  years,  upon  such  conditions  as  to  such  Board  may  seem 
reasonable  and  just,  the  rate  of  interest  to  be  made  on  such  pay- 
ment not  to  exceed  7  per  cent  per  annum.  Or  the  Supervisors  may 
by  resolution,  as  in  the  following  section  provided,  declare  that 
any  such  opening,  extending,  widening,  straightening  or  closing  up 
of  any  street,  avenue,  lane,  alley,  court  or  place  and  said  street 
work  and  street  improvement  shall  lie  done  or  made  in  the  manner 
and  in  accordance  with  tlie  following  provisions  of  this.  Chapter  or 
as  said  provisions  may  be  hereafter  amended;  in  which  case  the 
proceedings  set  out  in  the  following  sections  of  this  Chapter  shall 
be  taken  and  had. — As  amended  December  10,  1912;  approved  by 
the  Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

Resolution  of  Intention.     Cost  of  Work;   How  IVlay  Be  Paid. 

Sec.  2.  Before  ordering  such  opening,  extending,  widening, 
straightening  or  closing  up  of  any  street,  avenue,  lane,  alley,  court 
or  place  and  said  street  work  and  street  improvement  to  be  made 
or  done  the  Board  of  Supervisors  shall  pass  a  resolution  declaring 
their  intention  so  to  do  and  further  declaring  that  the  same  shall 
be  done  or  made  in  the  manner  and  in  accordance  with  the  pro- 
visions of  this  section  and  tiie  following  sections  of  lliis  Chapter. 
Said  resolution  shall  describe  the  same  and  the  work  to  be  done 
and  the  Ifind  and  property  deemed  necessai'y  to  be  taken  thei'cfor, 
and  shall  specify  the  exterior  ])oundaries  of  the  district  to  he 
affected  or  benefited  by  the  improvement  and  work,  and  to  be 
assessed  to  pay  the  damages,  costs  and  expenses  thereof. 

In  case  said  damage,  cost  and  expense  or  any  proportion 
thereof,  is  to  be  paid  out  of  the  revenues  of  the  City  and  County 
tlie  Supervisors  in  such  resolution  may  so  declare,  or  at  any  time 
thereafter  and  l)efore  the  complete  |)ayment  of  said  damages,  costs 
and  expensi's,  said  Jioard  may  declare  and  detciiuiiu'  that  any 
part  or  the  whole  thereof  rcniaining  unpaid  shall  he  paid  out  of 
the  revenues  of  the  City  atid  County.— yl.v  ameiidcd  Drccmbrr  10, 
1912;  approved  by  the  Legislature  March  28,  1913  (S:h,lulr,,  ini3. 
page  1602). 

Posting  of  Notices. 

Sec.    3.     'J'lie    Clerk    of    llic    Supervisors   shall    transiuit    to    the 
Board  of  Public   Works  a   certified  copy  of  such    resolution,   and 


94  Charter  of  the  City  and  Comity  of  San  Francisco. 

upiui  roi'ciiit  thereof  said  Board  of  Public  Works  shall  cause  to 
be  conspicuously  posted  alone:  the  line  of  said  contemplated  work 
or  improvement,  at  not  more  than  throe  hundred  feet  in  distance 
apart,  hut  not  less  than  three  in  all,  notices  of  the  passage  of  said 
resolution.  Said  notice  shall  be  headed  "Notice  of  Public  Work" 
in  letters  not  less  than  one  inch  in  length,  shall  be  in  legible  char- 
acters, state  the  fact  of  the  passage  of  the  resolution,  its  date, 
and  briefly  the  work  of  improvement  proposed,  and  refer  to  the 
resolution  for  further  particulars.  Said  Board  shall  also  cause  a 
notice,  similar  in  substance,  to  be  published  for  a  period  of  ten 
days  in  the  ofRcial  newspaper. 

Objections  and  Hearing  Thereof. 

Sec.  4.  Any  person  interested  objecting  to  said  work  or  improve- 
ment, or  to  the  extent  of  the  district  or  lands  to  be  affected  or 
benefited  by  said  work  or  improvement,  and  to  be  assessed  to  pay 
the  cost  and  expenses  thereof,  may  make  written  objections  to  the 
same  within  ten  days  after  the  expiration  of  the  time  of  the  pub- 
lication of  said  notice,  which  objection  shall  be  delivered  to  the 
Clerk  of  the  Supervisors,  who  shall  endorse  thereon  the  date  of  its 
reception  by  him,  and  at  the  next  meeting  of  the  Supervisors  after 
the  expiration  of  said  ten  days  lay  said  objection  before  the  Super- 
visors, who  shall  fix  a  time  for  hearing  said  objections,  not  less  than 
one  week  thereafter.  The  Clerk  of  the  Supervisors  shall  notify  the 
persons  making  such  objections  by  depositing  a  notice  thereof  in 
the  Postoffice,  postage  prepaid,  addressed  to  such  objector. 

Sec.  5.  At  the  time  specified,  or  to  which  the  hearing  may  be 
adjourned,  the  Supervisors  shall  hear  the  objections  urged,  and 
pass  upon  the  same,  and  their  decision  shall  be  final  and  conclusive. 
If  such  objections  are  sustained  all  proceedings  shall  be  stopped, 
but  proceedings  may  again  be  commenced  at  any  time  by  giving 
notice  of  intention  to  do  said  work  or  make  said  improvement.  If 
such  objection  is  overruled  by  the  Supervisors,  the  proceedings 
shall  continue  the  same  as  if  such  objection  had  not  been  made. 
At  the  expiration  of  the  time  prescribed,  during  which  objections 
to  said  work  or  improvement  may  be  made,  if  no  objections  shall 
have  been  made,  or  if  objections  shall  have  been  made,  and  the 
Supervisors,  after  hearing,  shall  have  overruled  the  same,  the 
Supervisors  shall  be  deemed  to  have  acquired  jurisdiction  to  order 
any  of  the  work  to  be  done  or  improvement  to  be  made  which  are 
authorized  by  Section  1  of  this  Chapter,  and  by  resolution  shall 
order  said  work  to  he  done  or  improvement  to  be  made,  as  the 
case  may  be. 

Viewing  of  Lands  by  Board  of  Public  Works. 

Sec.  6.  Upon  the  passage  of  said  resolution  the  Clerk  of  the 
Supervisors  shall  transmit  a  certified  copy  thereof  to  the  Board  of 
Public  Works.  Upon  receipt  of  the  same  said  Board  of  Public 
Works  shall  proceed  to  view  the  lands  described  in  the  resolution 
of  intention,  and  may  examine  witnesses  on  oath  to  be  administered 


Article  VI,  Chapter  III,  Department  of  Puhlic  Works.        95 

by  any  member  of  said  Board  in  relation  thereto.  Having  viewed 
the  land  to  be  taken,  and  the  improvement  affected,  and  considered 
the  testimony  presented,  they  shall  proceed  with  all  diligence  to 
determine  the  value  of  tlie  land  and  the  damage  to  improvements 
and  property  affected,  and  also  the  amount  of  the  expenses  incident 
to  said  work  of  improvement,  and,  having  determined  the  same, 
shall  proceed  to  assess  the  same  upon  the  district  of  lands  declared 
benefited,  tfie  exterior  boundaries  of  which  were  fixed  by  tlie  reso- 
lution of  intention  provided  for  by  Section  2  hereof.  Such  assess- 
ment shall  be  made  upon  the  lands  within  said  district  in  propor- 
tion to  the  benefit  to  be  derived  from  said  work  or  improvement,  so 
far  as  said  Board  can  reasonably  estimate  the  same,  including  in 
such  estimate  the  property  of  any  railroad  company  within  said 
district,  if  such  there  be.  In  case,  however,  the  Supervisors  sliall 
have  declared  that  tlie  whole  of  such  expense  shall  be  paid  out  of 
the  revenues  of  the  Cit}'  and  County,  then  no  such  assessment  shall 
be  made,  but  the  Board  of  Public  Works  shall,  in  such  event,  report 
to  the  Supervisors  in  detail  an  estimate  of  the  value  of  the  laud 
to  be  taken,  the  damages  to  improvements  and  the  amount  of 
expenses  incident  to  said  work,  and  if  the  Supervisors  shall  approve 
such  estimate  they  shall  order  the  amount  so  fixed  to  be  paid  to 
the  persons  respectively  entitled  thereto,  as  in  Section  15  hereof 
provided. 

Plat  of  Assessment  District. 

Sec.  7.  Said  Board  of  Public  Works  having  made  their  assess- 
ment of  benefits  and  damages,  shall,  with  all  diligence,  make  a 
written  report  thereof  to  the  Supervisors,  and  shall  accompany 
their  report  with  a  plat  of  the  assessment  district  showing  the  land 
taken  or  to  he  taken  for  the  work  or  improvement,  and  the  lands 
assessed,  showing  the  relative  location  of  each  district,  block,  lot  or 
portion  of  lot,  and  its  dimensions,  so  far  as  can  be  reasonably 
ascertained.  Each  l)lock  or  lot,  or  portion  of  lot,  taken  or  assessed, 
shall  be  designated  and  described  in  said  plat  ])y  an  appropriate 
number,  and  a  reference  to  it  by  such  descriptive  lunuber  shall  be 
a  sufficient  description  of  it  in  any  suit  entered  to  condcnui,  and 
in  all  respects.  When  the  report  and  plat  are  approved  l)y  the 
Supervisors,  a  copy  of  said  plat,  appropriately  designated,  shall 
be  filed  by  the  Clerk  thereof  in  the  office  of  the  Recorder  of  the 
City  and  County. 

What  Report  to  Specify. 

Sec.  8.  Said  report  shall  specify  each  lot,  subdivision  or  piece 
of  property  taken  or  injured  in  the  widening  or  other  improve- 
ment, or  assessed  therefor,  together  with  the  name  of  the  owner 
or  claimants  thereof,  or  of  persons  interested  therein  as  lessees, 
incumbrancers,  or  otherwise,  so  far  as  the  same  are  known  to  said 
Board  of  Pul)iic  Works,  and  the  particulars  of  their  interest,  so 
far  as  the  same  can  be  ascertained,  and  the  amount  of  value  or 
damage,  or  the  amount  a-ssessed,  as  the  case  may  be. 


9()  Charlt'i-  of  flic  Cilji  and  Coiinlij  of  S<in  Francisco. 

Conflicting  Titles. 

Set',  i).  If  in  any  ease  the  Board  of  Pn])li(^  Works  find  tliat 
oonllic'tinijf  claims  of  litlo  oxist,  or  if  tlioy  sliall  ])c  In  ignorance 
(U*  doubt  as  to  llio  owncrsliip  of  any  lot  of  land,  or  of  any  improve- 
incnls  tlioroon,  or  of  any  interest  therein,  it  sliall  be  set  down  as 
belon<rinir  to  unknown  owners.  Krror  in  the  designation  of  the 
owner  or  owners  of  any  lot  of  land  or  iin])rovements,  or  of  the 
particulars  of  their  interest,  shall  not  affect  the  validity  of  the 
assessment  or  of  the  condemnation  of  the  property  to  be  taken. 

Publication  of  Notice  to  Show  Cause. 

Sec.  10.  Said  report  and  plat  shall  be  filed  in  the  Clerk's  office 
of  the  Supervisors,  and  thereupon  the  Clerk  of  said  Board  shall 
give  notice  of  such  filing  by  publication  for  at  least  ten  days  in 
the  official  newspaper.  Said  notice  shall  also  require  all  persons 
interested  to  show  cause,  if  any,  why  such  report  should  not  be 
confirmed,  before  the  Supervisors  on  or  before  a  day  fixed  by  the 
Clerk  thereof,  and  stated  in  said  notice,  which  day  shall  not  be 
less  than  thirty  days  from  the  first  publication  thereof. 

Hearing  Objections  to  Report. 

Sec.  11.  All  objections  shall  be  in  Avriting,  and  filed  with  the 
Clerk  of  the  Supervisors,  who  shall,  at  the  next  meeting  after  the 
day  fixed  in  the  notice  to  show  cause,  lay  the  said  objections,  if 
any,  before  the  Supervisors,  who  shall  fix  a  time  for  hearing  the 
same,  of  wdiich  the  Clerk  shall  notify  the  objectors  in  the  same 
manner  as  objectors  to  the  original  resolution  of  intention.  At 
the  time  set,  or  at  such  other  time  as  the  hearing  may  be  adjourned 
to,  the  Supervisors  shall  hear  such  objections  and  pass  upon  the 
same;  and  at  such  time,  or,  if  there  be  no  objections,  at  the  first 
meeting  after  the  day  set  in  said  order  to  show  cause,  or  such  other 
time  as  may  be  fixed,  shall  proceed  to  pass  upon  such  report,  and 
may  confirm,  correct  or  modify  the  same,  or  may  order  the  Board 
of  Public  Works  to  make  a  new  assessment,  report  and  plat,  which 
shall  be  filed,  notice  given,  and  hearing  had,  as  in  the  case  of  an 
original  report.  If  the  Supervisors  shall  have  determined  that  a 
certain  proportion  of  the  cost  and  expense  of  such  work  and 
improvement  shall  be  paid  out  of  the  revenues  of  the  City  and 
County,  they  shall  deduct  such  proportion  from  the  total  amount 
of  the  cost  and  expense  thereof  as  finally  fixed  and  determine  in 
and  by  said  assessment  and  report,  and  the  amount  of  such  propor- 
tion shall  be  paid  out  of  any  revenues  appropriated  for  such  pur- 
pose to  the  persons  respectively  entitled  thereto,  at  the  same  time 
and  in  the  sam.e  manner  as  in  Section  15  hereof  provided,  and  the 
balance  shall  be  raised  by  assessment  as  hereinafter  provided. 
Assessment  Roll,  What  to  Constitute. 

Sec.  12.  The  Clerk  of  the  Supervisors  shall  forward  to  the 
Board  of  Public  Works  a  certified  copy  of  the  report,  assessment 
and  plat,  a.s  finally  confirmed  and  adopted  by  the  Supervisors, 
wnth  a  statement  of  any  deduction  that  may  be  made  on  account 
of  payments  made  out  of  the  revenues  of  the  City  and  County, 


Article  VI,  Chapter  111,  Department  of  Puilic  Works.       97 

as  in  Section  11  provided.  Such  certified  copy  shall  thereupon 
be  the  assessment  roll.  Immediately  upon  receipt  thereof  by  the 
Board  of  Public  Works  the  assessment  therein  contained  shall 
become  due  and  payable,  and  shall  be  a  lien  upon  all  the  property 
contained  or  described  therein. 
Publication  of  Notice  of  Assessment.     Delinquent  Assessments. 

Sec.  13.  The  Board  of  Public  Works  shall  thereupon  give 
notice  by  publication  in  the  official  newspaper  for  ten  days  that 
it  has  received  said  assessment  roll,  and  that  all  sums  levied  and 
assessed  in  said  assessment  roll  are  due  and  payable  immediately, 
and  that  the  payment  of  said  sums  is  to  be  made  to  said  Board 
within  thirty  days  from  the  date  of  the  first  publication  of  said 
notice.  Said  notice  shall  also  contain  a  statement  that  all  assess- 
ments not  paid  before  the  expiration  of  said  thirty  days  will  be 
declared  to  be  delinquent,  and  that  thereafter  the  sum  of  five  per 
cent  upon  the  amount  of  each  delinquent  assessment,  together  with 
the  cost  of  advertising  each  delinquent  assessment,  will  be  added 
thereto.  When  payment  of  any  assessment  is  made  to  said  Board 
of  Public  Works  it  shall  cause  to  be  written  the  word  "paid,"  and 
the  date  of  payment,  opposite  the  respective  assessments  so  paid, 
and  the  names  of  persons  by  or  for  whom  said  assessment  is  paid, 
and  shall,  if  so  required,  give  a  receipt  therefor.  On  the  expira- 
tion of  said  thirty  days  all  assessments  then  unpaid  shall  be  and 
become  delinquent,  and  said  Board  of  Public  Works  shall  certify 
such  fact  at  the  foot  of  said  assessment  roll  and  shall  add  five  per 
cent  to  the  amount  of  each  assessment  so  delinquent. 
Sale  of  Delinquent  Property.    Redemption,  How.    Deeds. 

Sec.  14.  The  said  Board  of  Public  Works  shall  thereafter  pro- 
ceed to  advertise  and  collect  the  various  sums  delinquent  and  the 
whole  thereof,  including  the  cost  of  advertising,  which  last  shall 
not  exceed  the  sum  of  fifty  cents  for  each  lot,  piece  or  parcel  of 
land  separately  assessed,  by  the  sale  of  the  assessed  property  in 
the  manner  hereinafter  specified;  and  after  the  date  of  said  delin- 
quency and  before  the  time  of  such  sale  herein  provided  for,  no 
assessment  shall  l)e  received  unless  at  the  same  time  the  five  per 
cent  added  thereto,  as  aforesaid,  together  with  the  costs  of  adver- 
tising then  already  incurred,  shall  be  paid  therewith.  The  said 
property  shall  be  sold,  and  when  sold  shall  be  subject  to  redemp- 
tion in  the  manner  following,  to-wit: 

First — The  Board  of  Public  Works  shall,  within  ten  days  from 
date  of  such  delinquency,  begin  tiie  publication  of  a  list  of  the 
delinquent  assessments,  which  list  iiuist  contain  a  des(!ription  of 
each  parcel  of  properly  delinquent,  .'ind  opjjosite  or  against  each 
description  the  name  of  the  owner  as  slated  in  the  assessment  roll, 
and  the  amount  of  the  assessment,  penally  jiikI  costs  due,  in<'Iuding 
the  cost  of  advertising,  which  last  shall  not  exceed  the  sum  of  tifty 
cents  for  each  lot,  piece  or  i)arc(!l  of  land,  separately  assessed. 
The  Board  of  Public  Works  shall  append  to  and  publish  with  said 
delinquent  list  a  notice   that   unless  each   assessment   delinquent, 


98  Chnrf<  r  of  the  CU\i  and  Count ji  of  San  Francisco. 

to^'ftlit'i*  with  tilt'  jx'iiiilty  aiul  costs  tlioroon,  is  paid,  tlio  proporty 
upon  wliicli  such  assessment  is  a  lion,  will  ho  sold  at  puhlic  auction 
at  a  time  and  plaoo  to  he  speeitieii  in  the  notice.  The  ])ui)lication 
nmst  he  made  for  a  period  of  ten  days,  in  the  otificial  newspaper  of 
siud  City  and  County  of  San  Francisco.  The  time  of  sale  must  not 
he  les.s  than  tive  days,  nor  more  than  ten  days,  after  the  expiration 
of  the  j)eriod  of  pul)lication  of  said  list,  and  the  place  of  sale  must, 
he  in,  or  in  front  of.  the  huildiui-:  whei-ein  is  situated  the  office  of 
the  Hoard  of  I^uhlic  Works. 

Second — At  any  time  after  such  deliufiuency,  and  prior  to  the 
sale  of  any  piece  of  property  assessed  and  delinquent,  any  person 
may  pay  the  assessment  on  such  piece  of  property,  together  with 
the  penalty,  and  costs  then  due,  including  the  cost  of  advertising, 
if  such  payment  is  made  after  the  first  publication  of  the  list  of 
delinquent  assessments.  The  l)oard  of  public  works  shall  there- 
uj)on  mark  such  assessment  '"paid."  as  hereinbePore  i)rovided. 

Third. — On  the  day  tixed  for  the  sale  the  Board  of  Public  Works 
must,  at  the  lioui-  of  10  o'clock  A.  M..  commence  the  sale  of  the 
property  advertised,  commencing  at  the  head  of  the  list,  and  con- 
tinuing in  the  numerical  order  of  lots  or  parcels  of  land  until  all 
are  sold;  provided,  that  the  Board  of  Pul)lie  Works  may  postpone 
or  continue  the  sale  from  day  to  day  until  the  property  is  sold. 
Each  lot,  piece  or  parcel  of  land  separately  assessed  must  be 
offered  for  sale  separately,  and  the  person  who  will  take  the  least 
quantity  of  land,  and  then  and  there  pay  the  amount  of  the  assess- 
ment, penalty  and  co.sts  due.  including  fifty  cents  to  the  Board  of 
Public  Works  for  a  certification  of  sale,  shall  become  the  purchaser. 
In  case  there  is  no  purchaser,  for  any  lot,  piece  or  parcel  of  land 
so  offered  for  sale,  the  same  shall  be  struck  off  to  the  said  City  and 
('ounty  of  San  Francisco,  as  purchaser,  and  the  Board  of  Super- 
visors shall  appropriate  out  of  the  general  fund  of  the  treasury 
the  amount  then  due  against  the  lot,  piece  or  parcel  of  land,  and 
shall  order  the  County  Treasurer  to  place  the  same  in  the  special 
fund  for  such  improvement.  No  charge  shall  be  made  for  the 
certificate  of  sale  when  the  said  City  and  County  of  San  Francisco 
is  the  purchaser. 

Fourth — After  making  the  sale,  the  Board  of  Public  Works  must 
execute,  in  duplicate,  a  certificate  of  sale  setting  forth  a  descrip- 
tion of  the  property  sold,  the  name  of  the  owner  thereof,  as  given 
on  the  assessment  roll,  that  said  property  was  sold  for  a  delinquent 
assessment  (specifying  the  improvement  for  which  the  same  was 
made),  the  amount  for  which  such  property  was  sold,  the  date  of 
sale,  the  name  of  the  purchaser,  and  the  time  when  the  purchaser 
will  be  entitled  to  a  deed.  The  Board  of  Public  Works  must  file 
one  copy  of  such  certificate  in  its  oiftce  and  deliver  the  other  to 
the  purchaser,  or  if  the  said  City  and  County  of  San  Francisco  is 
the  purchaser,  to  the  Clerk  of  the  Board  of  Supervisors,  who  .shall 
file  the  same  in  his  office.  On  the  filing  of  the  copy  of  such  cer- 
tificate in  the  office  of  the  Board  of  Public  Works,  the  lien  of  the 
as.sessment  shall  vest  in  the  purchaser,  and  is  only  divested  by  a 


Article  VI,  Chapter  IIL  Department  of  Puhlic  Works.        99 

redemption  of  the  property,  as  in  this  act  provided.  The  Board 
of  Public  Works  shall  also  enter  on  the  assessment  roll,  opposite 
the  description  of  each  piece  of  property  offered  for  sale,  a  descrip- 
tion of  the  part  thereof  sold,  the  amount  for  which  the  same  was 
sold,  the  date  of  the  sale,  and  tlie  name  of  the  purchaser. 

Fifth — A  redemption  of  any  parcel  of  property  sold  for  delin- 
quent assessment  may  be  made  by  any  party  in  interest,  at  any 
time  prior  to  the  execution  and  delivery  of  a  deed  tlierefor,  by  pay- 
ing to  the  Board  of  Public  Works  the  amount  for  wliich  the 
property  was  sold,  and  in  addition  thereto,  ten  per  cent  thereon 
if  paid  wntliin  three  months  after  the  date  of  the  sale ;  twenty  per 
cent  if  paid  within  six  months;  thirty  per  cent  if  paid  within  nine 
months;  forty  per  cent  if  paid  within  twelve  months,  or 
fifty  per  cent  if  paid  at  any  time  after  twelve  montlis. 
When  redemption  is  made,  the  Board  of  Public  Works  shall  note 
that  fact  on  the  duplicate  certificate  of  sale  on  file  in  its  office,  and 
deposit  the  amount  paid  with  the  County  Treasurer,  w'ho  sliall 
credit  the  purchaser  named  in  the  certificate  of  sale  with  the  said 
amount  and  pay  the  same  to  such  purchaser,  or  his  assignee,  upon 
the  surrender  of  the  certificate  of  sale,  and  upon  satisfactory  proof 
of  assignment  thereof,  if  any.  When  the  said  City  and  ('ounty 
of  San  Francisco  is  tlie  purchaser,  tlie  County  Treasurer  sliall 
notify  the  Clerk  of  the  Board  of  Supervisors  of  the  redemptions, 
and  such  Clerk  shall  thereupon  cancel  the  certificate  of  sale  on  file 
in  his  office. 

Sixth — At  any  time  after  the  expiration  of  twelve  months  from 
the  date  of  the  sale,  the  Board  of  Public  Works  must  execute  to 
the  purchaser,  or  his  assignee,  on  his  application,  if  such  purchaser 
or  assignee  has  complied  with  the  proxnsions  of  tliis  section,  a  deed 
of  the  property  sold,  in  which  shall  be  recited  sulistantially  the 
matters  contained  in  the  certificate,  also  any  assignment  thereof 
and  the  fact  that  no  person  has  redeemed  the  property.  The 
Board  of  Public  Works  shall  receive  from  the  applicant  for  the 
deed,  one  dollar  for  making  such  deed,  unless  the  said  City  and 
County  of  San  Francisco  is  the  purchaser,  in  which  case  no  charge 
shall  be  made  therefor. 

Seventh — The  deed  of  the  Board  of  Piiblie,  Works  shall  be  prima 
facie  evidence  of  the  truth  of  all  matters  i-eeitiMl  therein  and  of 
the  regularity  of  all  proceedings  lierciinder  pi'ioi-  to  Ihe  ex(M'iitio!i 
thereof,  and  of  title  in  the  gi-antce.  It  shall  l)e  coiicliisive  evideiu-e 
of  the  necessity  of  taking  or  damaging  the  lands  taken  or  damaged, 
and  of  th(!  necessity  of  the  improvement  and  woi-k  and  of  the 
correctness  of  the  compensation  awarded  for  lands  taken  or  dam- 
aged. 

Eighth — The  Board  of  Public  Woi-ks  shall  from  time  to  time  pay 
over  to  the  County  Treasurer  all  moneys  collected  by  the  lioard 
on  account  of  any  assessments  made  under  the  i)rovisions  hereof. 
The  County  Treasurer  shall,  on  receipt  thereof,  place  the  same  in 
a  special  fund,  designating  such  fund  by  the  name  of  the  street, 
avenue,  scpiare,  lane,  alley,  court  or  place  for  the  widening,  «»pen- 


100        Charter  of  the  City  and  County  of  San  Francisco. 

iiiij  or  other  improvements  for  which  the  assessment  was  made. 
Payment  shall  be  made  from  said  fund  to  the  parties  entitled 
thereto  upon  warrants  signed  by  the  members  of  the  Board  of 
Public  Works.  With  respect  to  all  matters  provided  for  or  pre- 
scribed by  this  section  to  be  done  or  performed  by  said  Board  of 
Public  Works,  the  majority  of  said  Board  may  act. — As  amended 
December  10,  1912;  approved  by  the  Legislature  March  28,  1913 
(Statutes,  1913,  page  1602). 

Payment  of  Damages  Awarded. 

Sec.  15.  When  sufficient  money  is  in  the  hands  of  the  Treas- 
urer, in  the  fund  devoted  to  the  particular  work  or  improvement, 
to  pay  for  the  lands  and  improvements  taken  or  damaged,  and 
when  in  the  discretion  of  the  Board  of  Public  Works  the  time  shall 
have  come  to  make  payments,  it  shall  be  the  duty  of  said  Board 
to  notify  the  o\^Tier,  possessor  or  occupant  of  any  land  or  improve- 
ments thereon  to  whom  damages  shall  have  been  awarded,  that  a 
warrant  has  been  dra^^^l  for  the  payment  of  the  same,  and  that 
he  can  receive  such  warrant  at  the  office  of  said  Board  upon  ten- 
dering a  conveyance  of  any  property  to  be  taken :  such  notification, 
except  in  the  case  of  unknown  owners,  to  be  made  by  depositing  a 
notice,  postage  paid,  in  the  postoffice,  addressed  to  his  last  known 
place  of  abode  or  residence.  If  at  the  expiration  of  thirty  days 
after  the  deposit  of  such  notice  he  should  not  have  applied  for 
such  warrant,  and  tendered  a  conveyance  of  the  land  to  be  taken, 
the  warrant  so  drawn  shall  be  deposited  with  the  Treasurer  and 
shall  be  delivered  to  such  owner,  possessor,  or  occupant  upon 
tendering  a  conveyance  as  aforesaid,  unless  judgment  of  condem- 
nation shall  be  had,  when  the  same  shall  be  canceled. 

Eminent  Domain.     Deficiency  in   Fund. 

Sec.  16.  If  any  owner  of  land  to  be  taken  neglects  or  refuses 
to  accept  the  warrant  drawn  in  his  favor  as  aforesaid,  or  objects 
to  the  report  as  to  the  necessity  of  taking  his  land,  the  Board 
of  Public  Works  shall  report  such  facts  to  the  Supervisors,  who 
shall  thereupon  cause  proceedings  to  be  taken  for  the  condejn- 
nation  thereof,  as  provided  by  law  under  the  right  of  eminent 
domain.  The  complaint  may  aver  that  it  is  necessary  for  the 
city  to  take  or  damage  and  condemn  the  said  lands,  or  an  ease- 
ment therein,  as  the  case  may  be,  without  setting  forth  the  pro- 
ceedings herein  provided  for,  and  the  resolution  and  ordinance 
ordering  said  work  to  be  done  shall  be  conclusive  evidence  of 
such  necessity.  Such  proceedings  shall  be  brought  in  the  name 
of  the  City  and  County,  and  have  precedence,  so  far  as  the  busi- 
ness of  the  court  will  permit,  and  any  judgment  for  damages 
therein  rendered  shall  be  payable  out  of  such  portion  of  the  spe- 
cial fund  as  may  remain  in  the  treasury,  so  far  as  the  same  can 
be  applied.  At  any  time  after  trial  and  after  judgment  has  been 
entered,  or  preceding  an  appeal,  the  court  may  order  the  Treas- 
urer to  set  apart  in  the  treasury,  a  sufficient  sum  from  the  fund 


Article  VI,  Chapter  III,  Department  of  Public  Works.      101 

appropriated  to  the  particular  improvement  to  answer  the  judg- 
ment and  all  damages,  and  thereupon  may  authorize  and  order 
the  City  and  County  to  enter  upon  the  land  and  proceed  with 
the  proposed  work  and  improvement.  In  case  of  a  deficiency 
in  said  fund  to  pay  the  whole  of  such  judgment  and  damages,  the 
Supervisors  may,  in  their  discretion,  order  the  balance  thereof 
to  be  paid  out  of  the  general  fund  of  the  treasury  or  to  be  dis- 
tributed by  the  Board  of  Public  Works  over  the  property  by  a 
supplementary  assessment;  but  in  the  last-named  case,  in  order 
to  avoid  delay,  the  Supervisors  may  advance  such  balance  out 
of  any  appropriate  fund  in  the  treasury,  and  reimburse  the  same 
from  the  collections  of  the  assesment.  Pending  the  collection  and 
payment  of  the  amount  of  the  judgment  and  damages,  the  court 
may  order  such  stay  of  proceedings  as  may  be  necessary. 

Payment  of  Warrants. 

Sec.  17.  The  Treasurer  shall  pay  such  warrants  out  of  the 
appropriate  fund,  and  not  otherwise,  in  the  order  of  their  pres- 
entation, provided,  that  warrants  for  land  or  improvements  taken 
or  damaged  shall  have  priority  over  warrants  for  charges  and 
expenses,  and  the  Treasurer  shall  sec  that  sufficient  money  is  and 
remains  in  the  fund  to  pay  all  warrants  of  the  first  class  before 
paying  any  of  the  second. 

Supplementary  Assessment. 

Sec.  18.  If  after  the  sale  of  property  for  delinquent  assess- 
ments there  should  be  a  deficiency,  and  there  should  be  un- 
reasonable delay  in  collecting  the  same,  or  if  for  the  purpose  of 
equalizing  the  assessments  supplying  a  deficiency,  or  for  any 
cause  it  appears  desirable,  the  Board  of  Public  Works  may  so 
report  to  the  Supervisors,  who  may  order  them  to  make  a  sup- 
plementary assessment  and  report  the  same  in  manner  and  form 
as  the  original,  and  subject  to  the  same  procedure.  If  by  reason 
of  such  supplementary  assessment,  or  for  any  cause,  there  should 
be  at  any  time  a  surplus,  the  Supervisors  may  appropriate  the 
same  and  declare  a  dividend  pro  ratA,  to  the  parties  paying  the 
same,  and  they,  upon  demand,  shall  have  the  right  to  have  the 
amount  of  such  pro  rata  dividends  refunded  to  them,  or  credited 
upon  any  subsequent  assessment  for  taxes  made  against  said  par- 
ties in  favor  of  said  City  and  County. 

Defective  Titles. 

Sec.  19.  If  any  tith;  atlcmpled  to  be  acquired  by  virtue  of 
this  Act  .sliall  be  found  to  be  defective  from  any  cause  the  Su- 
pervisors may  again  institute  proceedings  to  accjuire  the  same 
as  in  this  Chapter  provided,  or  otherwise,  or  may  authorize  the 
Board  of  Public  Works  to  purchase  the  same  and  include  the  cost 
thereof  in  a  siii)pl(!]nentary  assessment,  as  provided  in  the  last 
section. — lite  entire  20  original  scciiona  of  (Uiaplcr  III  were  re- 
pealed and  the  foregoing  19  sections  of  the  same  Chapter  were 


102        Charter  of  the  City  and  County  of  San  Francisco. 

substituted  in  lieu  thereof  by  amendment  November  5,  1907 ;  ap- 
proved by  the  Legislature  November  23,  1907  (Statutes  Special 
Session,  1907.  pages  48-54). 

Panama  Exposition  May  Close  Streets. 

Sec.  20.  The  Panama-Pacific  International  Exposition  Com- 
pany (a  corporation  organized  under  the  laws  of  the  State  of 
California,  INIarcli  22nd,  1910)  is  authorized  to  temporarily  close 
streets  in  the  City  and  County  westerlj''  from  Twentieth  avenue, 
for  the  purpose  of  an  exposition  to  celebrate  the  completion  of 
the  Panama  Canal,  and  may  have  exclusive  possession  and  use 
of  said  streets  so  closed  for  such  exposition  purposes,  such  pos- 
session and  use  of  said  streets  to  terminate  not  later  than  one 
year  after  the  closing  of  such  exposition ;  provided  that  no  street 
shall  be  closed  as  in  this  section  provided  until  after  said  exposition 
company  shall  have  acquired  for  such  exposition  purposes,  all  of 
the  lands  held  in  private  ownership  fronting  on  said  street,  or  por- 
tion of  street,  so  closed. — New  section  added  by  amendment  Novem- 
ber 15,  1910;  approved  by  the  Legislature  February  17,  1911  (Stat- 
utes, 1911,  page  1661). 

CHAPTER  IV. 

SEWERS    AND    DRAINAGE. 

General  Drainage  System. 

Section  1.  The  Board  of  Public  "Works  shall  devise  a  general 
system  of  drainage,  which  shall  embrace  all  matters  relative  to 
the  thorough,  systematic  and  effectual  drainage  of  the  City  and 
County,  and  shall  from  time  to  time  make  to  the  Supervisors  such 
recommendations  upon  the  subject  of  sewerage  and  drainage  as 
it  may  deem  proper. 

Powers  of  Board. 

Sec.  2.  The  Board  shall  prescribe  the  location,  form  and  ma- 
terial to  be  used  in  the  construction,  reconstruction  and  repair- 
ing of  all  public  sewers,  manholes,  sinks,  drains,  cesspools,  and 
all  other  appurtenances  belonging  to  the  drainage  system,  and 
of  every  private  drain  or  sewer  emptying  into  a  public  sewer, 
and  determine  the  place  and  manner  of  the  connection. 

Rules  and  Regulations. 

Sec.  3.  The  Board  sliall  recommend  to  the  Supervisors  rules 
and  regulations  concerning  the  public  and  private  sewers  and  drains 
in  the  City  and  County,  and  upon  recommendation  of  said  Board, 
the  Supervisors  are  authorized  to  pass  an  ordinance  establishing 
the  same  and  prescribing  the  penalties  for  any  violation  thereof. 

Permits  to  Make  Connections. 

Sec.  4.  No  person  shall  connect  with,  or  open  or  penetrate,  any 
public  sewer  or  drain  without  first  obtaining  a  permit  in  writing 


Article  VI,  (liapier  IV,  Department  of  Public  Works.      103 

from  said  l^<tai'd,  and  eonipJyiny:  witli  the  rules  aud  regulations  of 
the  Board  in  reference  tliereto. 

Recommendations   by    Board. 

See.  T).  The  lioard  may  also  recommend  to  the  Supervisors 
the  construction  of  such  canals,  sewers,  tunnels,  ditches,  drains, 
embankments,  reservoirs,  pumping  works,  machinery  and  other 
works  necessarj''  for  the  proper  and  effectual  drainage  of  the  City 
and  County,  together  Avith  plans  for  connecting  the  same  with 
sewers  and  private  drains  already  constructed  or  thereafter  to 
be  constructed. 

Purchase  of  Property. 

Sec.  G.  The  Supervisors  may,  upon  the  recommendation  of  the 
Board  of  Public  "Works,  by  ordinance  passed  by  not  less  than  four- 
teen affinnative  votes,  authorize  the  purchase  of  any  personal  prop- 
erty or  the  acquisition  by  purchase  or  condenmation  of  any  real 
estate  which  may  be  necessary  for  the  construction  of  any  sewer 
or  the  making  of  any  improvement  provided  for  in  this  Chapter. 

Agreement  on  Damages. 

Sec.  7.  The  Board  may,  with  the  like  approval  of  the  Super- 
visors, agree  with  the  owners  of  any  real  estate,  upon  which  it  is 
deemed  desirable  to  construct  any  sewer  or  other  improvement 
relative  to  sewerage  or  drainage,  upon  the  amount  of  damage  to 
be  paid  to  such  owners  for  the  purpose  of  such  improvement  and 
for  the  perpetual  use  of  said  real  estate  for  such  purpose. 

Power  to   Construct   Works. 

See.  8.  The  Board  may,  when  authorized  by  ordinance  of  tiie 
Supervisors  passed  by  not  less  than  fourteen  affirmative  votes, 
construct  such  sewers,  reservoirs  and  pumping  works  as  may  be 
necessary  to  carry  out  tlic  general  system  of  sewerage  for  the 
City  and    County. 

Condemnation  of  Property.    Proceedings. 

Sec.  9.  When,  upon  the  recommendation  of  the  Board  of 
Public  Works,  the  Supervisors  shall  determine  upon  any  im- 
provement for  the  purpose  of  sewerage  and  drainage  which  neces- 
sitates the  acquisition  or  condenmation  of  i)rivatc  property, 
and  the  Board  is  unable  to  agree  with  the  owner  thereof,  upon 
the  amount  of  compensation  or  damages  to  be  paid  therefor,  or 
when  such  owner  is  in  any  way  incapable  of  making  any  agree- 
ment in  reference;  1  hereto,  and  in  all  cases  in  which  llie  lioard 
shall  deem  it  most  expedient,  it  shall,  when  authorized  by  Ihe 
Supervisors  ex[)ressed  by  ordinance,  have  the  right  to  cause  said 
property  to  be  condemned,  and  to  institute  proceedings  for  tlie 
condemnation  of  such  [)roperty,  or  for  the  ascertainment  <»!'  sucli 
damages  in  the  manner,  so  far  as  the  .same  may  be  applical)le, 
which  is  provided  in  this  Article  for  the  condemnation  of  real 
estate  when  necessary  IV. r  the  ojiening  of  any  new  street. 


104         Charter  of  the  City  and  County  of  San  Francisco. 

CIIAPTEll  V. 
HARBORS   AND    WHARVES. 
Supervisors  to  Control  Wharves  and  Harbor. 

Section  1.  All  the  "Wharves,  Water  Front  and  Harbor  of  San 
Francisco  which  now  belong  or  may  hereafter  belong  to  the  City 
and  County,  or  over  which  it  may  at  any  time  lawfully  exercise 
jurisdiction  and  control,  shall  be  under  the  management  and  con- 
trol of  the  Supervisors.  All  said  wharves  shall  be  built  and  re- 
paired by  the  Board  of  T'ublic  Works,  after  proceedings  had  as 
pro^•ided  in  this  Article  for  the  improvement  or  repair  of  public 
buildings. 

Tolls  to  Be  Regulated  by  Ordinance. 

Sec.  2.  The  Supervisors  shall  by  ordinance  fix  and  regulate 
the  tolls  for  wharfage  and  dockage,  and  shall  provide  for  the  col- 
lection of  the  same,  except  where  the  wharves  are  under  the  jur- 
isdiction of  the  Board  of  State  Harbor  Commissioners,  or  may 
provide  that  no  charges,  tolls,  dockage  or  wharfage  be  imposed 
or  collected.  The  Supervisors  shall  not  have  power  to  dispose 
of  any  wharf,  but  they  may  lease  any  wharf  for  a  term  not  ex- 
ceeding two  years. 

CHAPTER  VI. 

RELATING     TO     THE     MODIFICATION     OR     CHANGE     OF     STREET 
GRADES    AND    THE    PERFORMANCE    OF    STREET    WORK 
IN  CONNECTION  THEREWITH. 
Street  Grades,  How  May  Be  Changed. 

Section  1.  The  Board  of  Supervisors  is  hereby  empowered, 
on  the  written  recommendation  of  the  Board  of  Public  Works, 
to  change  or  modify  the  grade  of  any  public  street,  avenue,  lane, 
alley,  place  or  court  to  the  grade  set  out  in  such  recommenda- 
tion and  to  regrade,  repave,  sewer,  sidewalk,  curb  or  otherwise 
improve  the  same,  so  as  to  conform  to  such  change  or  modified 
grade  in  the  manner  as  hereinafter  provided.  Before  any  change 
of  grade  is  attempted,  the  Board  of  Supervisors  shall  pass  a  reso- 
lution of  intention  to  make  such  change  or  modification  of  grade, 
and  it  shall  in  the  same  resolution,  when  regrading,  repaving, 
sidewalking,  sewering,  curbing  or  other  improvement  on  such 
street  or  streets  is  contemplated  in  connection  therewith,  define 
and  establish  the  district  benefited  and  to  be  assessed  for  the  pay- 
ment of  damages  and  for  the  expense  of  regrading,  repaving, 
sewering,  sideAvalking,  curbing,  or  otherwise  improving  such 
street  or  streets  so  as  to  conform  with  such  change  or  modified 
grade;  and  it  shall  have  power  at  the  same  time  and  in  the  same 
resolution  to  provide  for  the  actual  cost  of  performing  the  work 
of  regrading,  repaving,  sewering,  sidewalking,  curbing  or  other- 
vnse  improving  such  street  or  streets  or  portion  or  portions  there- 
of with  the  same  or  other  material  with  which  it  was  formerly 


Article  VI,  Chapter  VI,  Department  of  Public  Works.      105 

graded,  paved,  sewered,  sidewalked,  curbed  or  otherwise  im- 
proved, briefly  describing  the  work  to  be  done  and  providing  that 
the  cost  of  the  same  shall  also  be  assessed  upon  the  same  district 
which  is  declared  to  be  benefited  by  such  change  or  modified 
grade.  When  a  change  or  modification  of  grade  or  grades  is 
proposed  to  be  made  upon  a  street,  avenue,  alley,  lane,  court  or 
place,  which  has  already  been  sewered,  paved,  curbed  or  graded, 
no  such  change  or  modification  of  such  grade  or  grades  shall  be 
made  unless  provision  shall  also  be  made  for  the  resewering, 
repaving,  recurbing  or  regrading  of  such  street,  avenue,  alley, 
lane,  court  or  place.  One  or  more  streets  or  blocks  of  streets 
may  be  embraced  in  the  same  resolution.  Such  resolution  shall 
be  published  in  the  official  newspaper.  Such  publication  shall  be 
made  for  ten  days,  and  shall  describe  the  proposed  change  or 
modification  of  grade,  and  when  such  resolution  contemplates 
such  work  it  shall  describe  the  regrading,  repaving,  sewering, 
sidewalking,  curbing  or  other  improvement  so  contemplated,  and 
shall  set  forth  and  describe  the  district  to  be  benefited  by  such 
change  or  modification  of  grade  or  regrading,  repaving,  sewer- 
ing, sidewalking,  curbing  or  other  improvement,  and  to  be  as- 
sessed for  the  damages  and  cost  of  making  the  same.  Within 
ten  days  after  the  first  publication  of  the  resolution  of  intention 
the  Board  of  Public  Works  shall  cause  to  be  conspicuously 
posted  along  all  streets  within  the  district  defined  in  the  resolu- 
tion, or,  when  no  such  district  is  defined,  along  the  street  or 
streets  upon  which  such  change  or  modification  of  grade  or 
grades  is  contemplated,  notice  of  the  passage  of  said  resolution. 
Said  notices  shall  be  posted  not  more  than  one  hundred  feet 
apart  and  shall  be  headed  "Notice  of  Grade  Change"  or  "Notice 
of  Grade  Change  and  Street  Work,"  as  the  ease  may  be,  in  letters 
not  less  than  two  inches  in  length,  and  shall,  in  legible  charac- 
ters, state  the  fact  of  the  passage  of  the  resolution,  its  date,  the 
fact  of  the  proposed  grade  change,  and,  if  any,  briefly  the  work 
or  improvement  proposed,  and  refer  to  the  resolution  for  further 
particulars.  When  no  improvements  are  provided  for  in  connec- 
tion with  the  said  change  or  changes  of  grade  or  grades,  if  no  j)r()- 
test  of  the  owners  of  two-thirds  of  the  property  fronting  on  the 
street  or  streets,  the  grade  or  grades  of  which  is  to  be  cliaugcd 
or  modified,  shall  be  filed  with  the  Clerk  of  the  Board  of  Super- 
visors within  fort.y  days  from  the  first  publication  of  the  resolu- 
tion of  intention  hereinbefore  mentioned,  the  Board  of  Sni)ei-- 
visors  shall  have  power  to  declare  such  grade  or  grades  to  be 
changed  or  modified  and  establisiied,  in  conrormity  with  said 
resolution;  and  when  such  improvement  or  improvomenis  an- 
contemplated  in  connection  with  such  diangc,  oi-  dunp.rcs  of 
grade  or  grades,  if  no  protest  of  the  owners  of  a  majority  of  tin; 
sii[)erficial  area  of  the  property  included  within  the  assessment 
district  defined  in  said  resolution  of  intenticm  sliall  he  filed  with 
the  Clerk  of    the  Board    of    Supervisors  within   forty  tiays  from 


106         Charlir  of  the  Cihf  and  County  of  San  Francisco. 

the  tii*st  publication  of  said  ri'solutioii  lioreinbefore  mentioned, 
the  Board  of  Supervisors  shall  also  have  the  power  to  order  any 
of  the  work  eontoniplated  therein  to  be  done,  and  such  street  or 
streets  to  be  retrraded,  repaved,  sewered,  sidewalked,  curbed  or 
otherwise  ini]"»rov(>(l  in  conformity  therewith. 

Owner  May   File   Estimate  of  Damages. 

Sec.  2,  In  case  the  resolution  of  intention  provides  for  re- 
jrrading.  repaving,  sewering,  sidewalking,  curbing  or  othermse 
improving  said  street  or  streets,  to  said  changed  or  modified 
grade,  any  person  owning  property  fronting  upon  said  portions 
of  the  street  or  streets  where  such  street  work  is  to  be  done,  may 
file  a  petition  with  the  Board  of  Pul)lic  Works  within  sixty  days 
after  the  first  publication  of  said  resolution  of  intention,  showing 
the  fact  of  such  ownership,  a  description  and  situation  of  the 
property  claimed  to  be  damaged,  its  market  value,  and  the  esti- 
mated amount  of  damages  over  and  above  all  benefits  which  the 
property  would  sustain  by  the  proposed  change  if  completed. 
Such  petition  shall  be  verified  by  the  oath  of  the  petitioner  or  his 
agent.  A  failure  so  to  petition  shall  be  deemed  and  treated  as 
a  waiver  of  any  claim  for  such  damage  or  damages,  and  said  reso- 
lution of  intention  shall  so  declare. 

i 
Board  Shall  Estimate  Costs. 

Sec.  3.  Whenever  such  petition  or  petitions  have  been  filed, 
the  Board  of  Public  Works  shall  estimate  and  assess  the  benefits, 
damages  and  costs  of  the  proposed  work  or  improvement  upon 
each  separate  lot  of  land  situated  within  such  assessment  district 
as  said  lot  appears  of  record  upon  the  last  City  and  County  assess- 
ment roll. 

Power  to  Subpoena  Witnesses. 

Sec.  4.  The  Board  of  Public  Works  shall  have  power  to  sub- 
poena witnesses  to  appear  before  them  to  be  examined  under 
oath,  which  any  member  of  the  Board  of  Public  Works  is  au- 
thorized to  administer. 

Assessment  of  Costs. 

Sec.  5.  The  Board  of  Public  Works  having  determined  the  dam- 
ages which  would  be  sustained  by  each  petitioner,  in  excess  of  all 
benefits,  shall  proceed  to  assess  the  total  amount  thereof,  together 
with  the  costs,  charges  and  expenses  of  the  proceedings,  upon  the 
several  lots  of  land  benefited  ^nthin  the  district  of  assessment, 
so  that  each  of  the  lots  shall  be  assessed  in  accordance  with  its 
benefits  caused  by  such  work  or  improvements. 
Report  of  Board  of  Public  Works. 

Sec.  6.  The  Board  of  Public  Works  shall  make  their  report 
in  writing,  and  shall  subscribe  to  and  file  the  same  with  the  Board 
of  Supervisors.  In  such  report  they  shall  describe  separately 
each  piece  of  property  which  will  sustain  damage  and  for  which 


Article  VI,  Chapter  VI,  Department  of  Public  Works.      107 

damages  have  not  been  waived,  stating  the  name  of  the  owner,  if 
known,  and  the  amount  of  damages  each  will  sustain  over  and 
above  all  benefits.  They  shall  also  describe  separately  each  lot 
benefited  within  said  assessment  district,  the  name  of  the  owner, 
if  known,  and  the  amount  of  benefits  in  excess  of  the  damages 
assessed  against  the  same.  In  describing  the  lots  to  be  assessed, 
reference  may  be  had  to  a  diagram  of  the  property  in  such  assess- 
ment district,  such  diagram  to  be  attached  to  and  made  a  part 
of  the  report  of  the  Board  of  Public  Works.  If  in  any  case  the 
Board  of  Public  Works  shall  find  that  confiicting  claims  of  title 
exist,  or  shall  be  in  ignorance  or  doubt  of  the  ownership  of  any  lot 
of  land,  or  any  improvement  thereon,  or  any  interest  therein,  it  shall 
be  set  doun  as  belonging  to  unknown  owners.  Error  in  designa- 
tion of  the  owner  or  owners  of  any  land  or  improvement  or  par- 
ticulars of  their  interest,  shall  not  affect  the  validity  of  the  assess- 
ment. 

Notice  of  Filing  of  Report. 

Sec.  7.  On  the  filing  of  said  report,  the  Clerk  of  the  Board 
of  Supervisors  shall  give  notive  of  such  filing  by  the  publication 
of  a  notice  for  at  least  ten  days  in  the  official  newspaper.  Said 
notice  shall  require  all  persons  interested  to  show  cause,  if  any 
they  have,  before  the  Board  of  Supervisors,  on  a  day  to  be  fixed 
by  the  said  Board  and  stated  in  said  notice,  which  day  shall  not 
be  less  than  twenty  days  from  the  first  publication  thoi-t'of,  why 
su('h  report  should  not  be  confirmed. 
Objections  to   Report. 

Sec.  8.  All  objecticms  filed  in  i-esponse  to  said  notice  to  show 
cause  shall  be  in  writing  and  filed  with  the  (-lerk  of  the  Board  of 
Super-visors,  who  shall,  at  the  next  meeting  after  the  date  fixed 
in  the  notice  to  show  cause,  lay  the  said  objections,  if  any,  be- 
fore the  lioard  of  Supervisors,  which  shall  fix  a  time  not  less 
than  fifteen  days  thereafter  for  hearing  the  saine,  of  which  time 
the  Clerk  shall  notify  the  o])jectors  by  notice  jjublislicd  in  the 
official  ncuspaixT  foi-  a  period  of  five  days  and  by  depositing  a 
notice,  postag<!  prepaid,  in  the  United  States  Postoffice  at  San 
Fi-ancisco,  addressed  to  each  objector  at  his  last  known  place  of 
residence,  at  least  ten  days  before  the  date  of  such  hearing.  At 
the  time  set,  or  at  such  other  time  to  which  the  hearing  may  be 
adjourned,  the  Board  of  Supervisors  shall  hear  such  objections 
and  pass  upon  them,  and  at  such  lime  shall  i)roeeed  to  pass  upon 
such  report  and  may  confirm.  con-e('t  or  modify  the  same,  or  mav 
onl(!r  the  Hoard  of  Public  Woi-ks  to  maki;  a  new  assessnienl,  i-e 
port  and  i)la1,  which  shall  })e  fih-d,  notice  ^'iven  and  had.  as  in  the 
case  of  the  original  report. 
Repaying  Specifications,  Bids  and  Contracts. 

Sec.  fl.  After  the  report  of  the  I'.ojird  of  I'uhlic  Works  as  to 
the  damages  caused  by  such  change  of  grade  has  been  finally 
passed  upon  by  the  Tioard  of  Sui»ervisors,  such   lioard  of   Public 


108        Charter  of  the  City  and  County  of  San  Francisco. 

"Works  shall  prepare  detailed  plans  and  specifications  subject  to 
the  approval  of  the  Board  of  Supervisors,  for  regrading,  paving, 
sewering,    sidewalldng,    curbing    or    otherwise    improving    such 
street  or  streets  as  set  forth  in  said  resolution  of  intention  and 
shall  then  advertise  for  bids  to  perform  the  work  of  regrading, 
repaving,  sewering,  sidewalking,  curbing  or  otherwise  improving 
such  street  or  streets,  as  the  case  may  be,  with  the  same  or  other 
material  with  which  the  same  have  been  formerly  graded,  paved, 
sewered,  sidewalked,  curbed  or  otherwise  improved;  first  causing 
a  notice,  with  such  specifications  to  be  posted  conspicuously  for 
fifteen  days  in  or  near  the  office  of  the  Board  of  Public  Works, 
inviting  sealed  proposals  or  bids  for  doing  such  work,  and  shall 
also  cause  notice  of  said  work,  inviting  said  proposals  and  re- 
ferring to  the  specifications  posted  and  already  on  file,  to  be  pub- 
lished five  days  in  the  official  newspaper.     All  proposals  or  bids 
offered  shall  be  accompanied  by  a  check  payable  to  the  order  of 
the  Clerk  of  the  Board   of    Supervisors,    and    certified   by    a    re- 
sponsible bank  for  an  amount  w^hich  shall  not  be  less  than  ten 
per  cent  of  the  aggregate  of  the  proposal,  or  by  a  bond  for  said 
amount,  signed  by  the  bidder  and  two  sureties,  wiio  shall  justify 
under  oath  in  double  said  amount  over  and  above  all  the  statu- 
tory exemptions.     Said  proposals   or  bids   shall   be  delivered  to 
the  Secretary  of  the  Board  of  Public  Works,  and  said  Board  of 
Public   Works   shall,   in   open   session,   examine   and   declare   the 
same;    provided,    however,    that    no    proposal    or    bid    shall    be 
received  unless  accompanied  by  a  check  or  a  bond  satisfactory  to 
the  Board  of  Public  Works.     The  Board  of  Public  Works  may 
reject  any  or  all  bids  and  may  aw^ard  the  contract  to  the  lowest 
responsible  bidder,  or  may  readvertise  for  proposals  or  bids  for 
the  performance  of  the  work,  as  in  the  first  instance,  and  there- 
after proceed  in  the  manner  in  this  section  provided;  all  checks 
accompanying  bids  shall  be  held  by  the  Secretary  of  the  Board 
of  Public  Works  until  the  successful  bidder  has  entered  into  a 
contract  as  herein  provided,  and  in  case  he  refuses  so  to  do,  then 
the  amount  of  his  certified  check  shall  be  declared  forfeited  to 
the  city  and  shall  be  collected  and  paid  into  its  general  fund,  and 
all  bonds  so  forfeited  shall  be  prosecuted  and  the  amount  thereof 
collected  and  paid  into  the  said  fund.     Notice  of  the  awards  of 
the  contracts  shall  be  published  and  posted  in  the  same  manner 
as  hereinbefore  provided  for  the  advertising  for  proposals  of  such 
work.     Before  being  entitled  to  a  contract,  the  successful  bidder 
must  advance  to  the  Secretary  of  the  Board  of  Public  Works, 
for  payment  by  him,  the  cost  of  publication  of  the  notices,  resolu- 
tions,   orders,   or   the   incidental    expenses   and   matters   required 
under  the  proceedings  described  by  this  Chapter. 

Distribution   of  Assessment  of  Costs. 

Sec.  10.  After  such  contract  has  been  awarded  and  entered 
into,  the  Board  of  Pufjlic  Works  shall  proceed  to  assess  the  cost 
and  expense  of  doing  such  work  upon  all  the  lots  and  land  lying 


Article  VI,  Chapter  VI,  Department  of  Puhlic  Works.      109 

within  the  district  to  be  assessed,  distributing  the  same  so  that 
each  lot  will  be  assessed  for  its  proportion  of  the  same  according 
to  the  benefits  it  receives  from  the  work.  The  Board  of  Public 
Works  in  making  such  assessment  shall  also  include  therein  the 
total  amount  for  which  each  lot,  or  tract  is  assessed  for  the  dam- 
ages resulting  from  the  regrading,  repaying,  sewering,  sidewalking, 
curbing  or  otherwise  improving  such  street  or  streets;  provided, 
no  assessment  for  such  damages  and  cost  and  the  expense  of  such 
work  shall  be  levied  upon  any  property  which  will  amount  to  a 
sum  greater  than  50  per  centum  of  the  value  at  which  said  prop- 
erty was  assessed  upon  the  last  preceding  assessment  book  of  the 
City  and  County. 
Assessment  Roll,  What  Constitutes. 

Sec.  11.  The  Secretary  of  the  Board  of  Public  Works  shall 
forward  to  the  Board  of  Supervisors  a  certified  copy  of  the  report 
and  assessment  as  finally  adopted  by  the  Board  of  Public  Works, 
whereupon  such  report  and  assessment  shall  be  changed,  modified 
or  confirmed  by  the  Board  of  Supervisors,  and  upon  such  modi- 
fication, change  or  confirmation  thereof,  shall  be  returned  to  the 
Board  of  Public  Works  and  shall  thereupon  be  the  assessment 
roll.  Immediately  upon  receipt  thereof  by  the  Board  of  Public 
Works,  the  assessment  therein  contained  shall  become  due  and 
payable  and  shall  be  a  lien  upon  all  the  property  contained  or 
described  therein. 
Publication  of  Notice  of  Assessment.     Delinquent  Assessments. 

Sec.  12.  The  Board  of  Public  Works  shall  thereupon  give 
notice  by  publication  for  ten  days  in  the  official  newspaper,  that 
it  has  received  said  assessment  roll,  and  that  all  sums  levied  and 
assessed  in  said  assessment  roll  are  due  and  payable  immediately, 
and  that  the  payment  of  said  sums  are  to  be  made  to  the  Board 
of  Public  Works  within  thirty  days  from  the  date  of  the  first 
publication  of  said  notice.  Said  notice  shall  also  contain  a  state- 
ment that  all  assessments  not  paid  before  the  expiration  of  said 
thirty  days  will  ])e  declared  to  be  delinquent;  that  thereafter  the 
sum  of  five  per  cent  upon  the  amount  of  said  delinquent  assess- 
ment, togetlier  with  the  cost  of  advertising  each  delinquent  assess- 
ment, will  be  added  thereto.  When  payment  of  any  assessment 
is  made  to  said  Board  of  Puhlic  Works,  tlie  Secretary  thereof 
shall  write  the  word  "paid"  and  the  date  of  payment  opposite 
the  respective  assessments  so  paid,  and  the  name  of  the  per- 
son by  or  for  whom  the  said  assessment  is  paid,  and  shall  give  a 
receipt  therefor.  On  the  expiration  of  said  thirty  days  all  assess- 
ment then  unpaid  shall  be  and  become  delinquent  and  the 
Secretary  of  the  said  l^oard  of  Public  Works  shall  certify  siK^h 
fact  at  the  foot  of  said  assessment  roll,  and  shall  add  Wvo.  per 
cent  to  the  amount  of  each  assessment  so  dcliiKiuont.  The  said 
Secretary  of  the  P)()ard  of  Pul)Iic  Works  shall,  within  five  days 
from  the  date  of  such  d(!linqu('n(\v,  prrx-eed  to  advertise  tlu!  various 
sums    delinrpient    and    the    whole    thereof,    iiK-luding    the    cost    of 


110        Charfrr  of  the  City  and  County  of  San  Francisco. 

advertisingr,  Avhieli  shall  not  exceed  the  sum  of  fifty  cents  for  each 
lot,  piece  or  parcel  of  land  separately  assessed,  in  the  same  manner 
as  is  or  may  be  provided  for  the  publication  of  the  delincjuent 
list  of  State  and  County  taxes;  and  after  the  date  of  said  delin- 
quency and  before  the  time  of  such  sale  therein  provided  for,  no 
jvssessment  shall  be  received  unless  at  the  same  time  the  five  per 
cent  added  thereto,  as  aforesaid,  together  with  the  cost  of  adver- 
tising already  incurred,  shall  be  paid  therewith.  Said  list  of 
delinquent  assessments,  with  a  notice  of  the  time  and  place  of  sale 
of  property  affected  thereby,  shall  be  published  daily  for  five 
days  in  the  official  newspaper,  before  the  sale  of  property  for 
such  delinquent  assessments.  Said  time  of  sale  must  not  be  less 
than  seven  days  from  the  date  of  the  first  publication  of  said 
delinquent  assessment  list,  and  the  place  must  be  in  or  in  front  of 
the  office  of  the  Secretary  of  the  Board  of  Public  "Works.  All 
property  sold  shall  be  subject  to  redemption  for  one  year  and  in 
the  same  manner  as  in  sales  for  delinquent  State  and  County  taxes; 
and  the  Secretary  of  the  Board  of  Public  Works  shall,  if  there 
be  no  redemption,  make  and  deliver  to  the  purchaser  at  sucn  sale 
a  deed  conveying  the  property  sold  and  may  collect  for  each 
certificate  fifty  cents,  and  for  each  deed  one  dollar.  The  deed 
of  the  Secretary  of  the  Board  of  Public  Works,  made  for  such 
sale,  in  case  of  failure  to  redeem,  shall  be  prima  facie  evidence  of 
the  regularity  of  all  proceedings  thereunder,  and  that  all  title  is 
in  the  grantee.  The  Secretary  of  the  Board  of  Public  Works 
shall,  from  time,  to  time,  pay  over  to  the  City  Treasurer  all 
moneys  collected  by  him,  or  by  the  Board  of  Public  Works,  on 
account  of  such  assessments,  which  the  City  Treasurer  shall,  upon 
receipt  thereof,  place  in  a  separate  fund,  designating  each  fund  by 
the  name  of  the  street,  avenue,  square,  lane,  alley,  court  or  place 
for  the  change  of  grade  for  which  the  assessment  was  made.  And 
the  City  Treasurer  shall  transfer  to  said  fund  such  sum  or  sums 
as  the  Supervisors  may  have  ordered  to  be  paid  or  advanced  for 
or  on  account  of  such  improvement  out  of  that  fund  in  the  treasury 
of  the  City  and  County  from  which  such  appropriation  is  made. 
Payment  shall  be  made  from  said  fund  to  the  parties  entitled 
thereto,  upon  warrants  issued  by  the  Secretary  of  the  Board  of 
Public  Works  on  order  of  said  Board. 

Notice  of  Payment  of  Damages. 

See.  13.  When  sufficient  money  is  in  the  hands  of  the  City 
Treasurer  to  pay  the  total  cost  for  damages,  as  well  as  the  co.st 
of  doing  the  work,  and  all  other  expenses  connected  therewith,  it 
shall  be  the  duty  of  the  Board  of  Public  Works  to  notify  the 
owner,  possessor  or  occupant  of  the  premises  damaged,  and  to 
whom  damages  have  been  awarded,  that  a  warrant  has  been  drawn 
for  the  payment  of  the  same,  which  may  be  received  at  the  office 
of  said  Board  of  Public  Works.  Such  notification  may  be  made 
by  depositing  a  notice,  postage  paid,  in  the  United  States  Postoffice, 
at  San  Francisco,  addressed  to  his  la.st  known  place  of  residence. 


Article  VI,  Chapter  VIII,  Department  of  Public  Works.     Ill 

If,  after  the  expiration  of  three  days  from  the  service  or  deposit 
of  the  notice  in  the  Postofifice,  he  shall  not  have  applied  for  such 
warrant,  the  same  shall  he  drawn  and  deposited  with  the  City 
Treasurer  to  be  delivered  to  him  upon  demand. 
Payment  to  Contractor. 

Sec.  14.  After  the  contractor  to  whom  has  been  awarded  the 
contract  for  regrading,  repaving,  sewering,  sidewalking,  curbing, 
or  otherwise  improving  such  street  or  streets,  has  fulfilled  his 
contract  to  the  satisfaction  of  the  Board  of  Public  Works  and  the 
City  Engineer  has  certified  to  the  completion  of  said  work,  the 
Secretary  of  the  Board  of  Public  Works,  on  order  of  said  Board, 
shall  issue  a  warrant,  payable  out  of  said  fund,  in  favor  of  such 
contractor  in  payment  for  such  work. 
Supplementary   Assessment   for  Costs. 

Sec.  15.  In  case  of  a  deficiency  of  the  fund  to  pay  the  whole 
assessed  cost  and  damages,  the  Board  of  Supervisors  may  in  its 
discretion,  order  the  balance  thereof  to  be  distributed  by  the 
Board  of  Public  Works  upon  the  property  assessed,  by  supple- 
mentary assessment,  or  direct  the  payment  of  such  balance  to  be 
made  from  the  City  Treasury;  but  in  the  event  that  a  supplemen- 
tary assessment  is  ordered,  in  order  to  avoid  delay,  the  Board  of 
Supervisors  may  advance  such  balance  out  of  any  available  fund 
in  the  treasury  and  reimburse  the  same  from  the  collection  of 
assessments.  The  Treasurer  shall  pay  such  warrants  in  the  order 
of  their  presentation. 
Cost  of  Work  May  Be  Paid   Out  of  City  Treasury. 

Sec.  16.  The  Board  of  Supervisors  may,  in  its  discretion,  order 
by  ordinance,  that  the  whole  or  any  j)art  of  the  cost  and  expense 
of  any  of  the  work  hereinbefore  in  this  Chapter  mentitmed  or 
the  damages  resulting  therefrom,  ])e  paid  out  of  the  treasury  of 
the  City  and  County  from  such  fund  as  the  Board  of  Supervisors 
may  designate.  Whenever  a  part  of  such  cost  or  expense  is  so 
ordered  to  be  paid  before  the  making  of  an  assessment  therefor, 
the  Board  of  Public  Works,  in  making  up  the  assessment  hereto- 
fore provided  for  such  cost  or  expense,  shall  first  deduct  from 
the  whole  cost  and  expense  such  part  thereof  as  has  been  so 
ordered  to  ])e  paid  out  of  the  municipal  treasury,  and  shall  assess 
the  remainder  of  said  (^ost  and  exix-nse  pi'o{)ortioiiat('ly  upon  the 
lots,  parts  of  lots  and  lands  in  said  assessment  district,  or  liable 
to  be  assessed  for  such  work,  and  in  the  maimer  iKM-einhefore 
provided. — The  foregoing  (Utapler  VI  was  added  hij  amendment 
November  5,  1907;  approved  by  the  Legislature  November  23,  1907 
(Htalutes  Special  Session,  1907,  pages  11-17). 

CIIAPTKIJ,  Viir. 

TUNNELS,   SUBWAYS   AND   VIADUCTS. 

Section  1.  The  Board  oi"  Su|)ervis(»rs  are  hereby  eiii|)n\vere(l  lo 
order    the    construction    (»f    and    construct    any    tunnel,    subway 


112        Charter  of  the  City  and  County  of  San  Francisco. 

or  viaduct  in,  on,  under  or  over  any  accepted  or  unaccepted 
open  public  street,  avenue,  lane,  alley,  place  or  court  within 
the  City  and  County,  or  any  other  land  of  the  City  and 
County,  or  in,  on,  under  or  over  any  land  or  water  in  which  and 
where  the  City  and  County  may  then  have  an  easement  or  right 
of  way  therefor,  and  to  levy  the  damages,  cost  and  expenses  thereof 
upon  private  property  in  the  manner  and  under  the  procedure  and 
powers  in  Chapter  II  of  this  Article  provided  for  street  work  and 
street  improvement.  Said  method  of  procedure  shall  not  be  deemed 
exclusive,  but  the  Board  of  Supervisors  may,  by  an  affirmative 
vote  of  at  least  twelve  of  its  members,  adopt  an  ordinance  which 
may  from  time  to  time  be  revised  or  amended,  providing  a  method 
of  procedure  for  such  improvement,  work  and  assessment  and  for 
the  ascertainment  and  payment  of  damages  and  for  the  manner 
in  which  protests  against  such  assessments  and  damages  awarded 
may  be  heard  and  determined,  and  for  the  manner  in  which  such 
assessment  may  be  collected  and  paid  and  property  delinquent  there- 
under may  be  sold,  and  for  the  procedure  for  fully  and  completely 
exercising  the  powers  conferred  in  this  section;  and  in  such  ordi- 
nance, if  said  board  deems  it  expedient,  provision  may  be  made 
for  the  payment  of  any  assessment  levied  in  pursuance  of  the 
provisions  thereof  in  annual  installments  covering  a  term  not  to 
exceed  ten  years  upon  such  conditions  as  to  the  said  Board  may 
seem  reasonable  and  just,  the  rate  of  interest  to  be  paid  on  such 
payments  not  to  exceed  seven  per  cent  per  annum. 

Sec.  2.  The  Board  of  Supervisors  are  hereby  empowered  to 
authorize  the  acquisition,  by  purchase  or  condemnation  and  to 
acquire  by  purchase,  or  to  condemn  and  acquire,  any  and  all  land, 
or  any  easement  or  right  of  way  therein,  thereon,  thereunder  or 
thereover,  and  any  property  necessary  and  convenient  for  any 
purpose  mentioned  in  Section  1  of  this  Chapter,  and  to  levy  the 
damages,  costs  and  expenses  thereof  upon  private  property,  in  the 
manner  and  under  the  procedure  and  powers  in  Chapter  III  of  this 
Article  provided,  for  the  opening,  extending,  straightening  and 
closing  up,  in  whole  or  in  part,  of  any  street,  avenue,  lane,  alley, 
court  or  place.  But  said  method  of  procedure  shall  not  be  deemed 
exclusive,  but  the  Board  of  Supervisors  may  by  an  affirmative 
vote  of  at  least  twelve  of  its  members,  adopt  an  ordinance,  which 
may  from  time  to  time  be  revised  or  amended,  providing  a  method 
of  procedure  for  such  acquisition  and  for  the  ascertainment  and 
payment  of  damages  and  for  the  manner  in  which  protests  against 
such  assessments  and  damages  awarded  may  be  heard  and  deter- 
mined, and  for  the  manner  in  which  such  assessment  may  be  col- 
lected and  paid  and  property  delinquent  thereunder  may  be  sold, 
and  for  the  procedure  for  fully  and  completely  exercising  the 
powers  conferred  in  this  section j  and  in  such  ordinance,  if  said 
Board  deems  it  expedient,  provision  may  be  made  for  the  payment 
of  any  assessment  levied  in  pursuance  of  the  provisions  thereof  in 
annual  installments  covering  a  term  not  to  exceed  ten  years  upon 


Article  VI,  Chapter  VIII,  Department  of  Public  Works.     113 

such  conditions  as  to  the  said  Board  may  seem  reasonable  and 
just,  the  rate  of  interest  to  be  paid  on  such  payment  not  to  exceed 
seven  per  cent  per  annum.  Lands  or  property  which  the  Super- 
visors deem  necessary  to  take  the  place  of  such  portion  of  the  street 
or  streets  as  may  be  used  in  the  construction  of  the  tunnel,  includ- 
ing its  portals  and  approaches,  and  to  restore  to  the  street  surface 
travel  thereon  are  hereby  declared  to  be  necessary  and  convenient 
lands  or  property  for  the  purposes  mentioned  in  Section  1. 

Sec.  3.  If  the  Board  of  Supervisors  deems  it  expedient,  the 
construction  and  acquisition  mentioned  in  Sections  1  and  2  of 
this  Chapter  may  be  initiated  and  completed  in  one  proceeding; 
and  in  exercising  the  power  to  provide  by  ordinance  for  meth- 
ods of  procedure  hereinbefore  provided  for  such  ordinance  may 
provide  for  a  single  procedure  for  the  work  mentioned  in  Sec- 
tion 1  and  the  acquisition  mentioned  in  Section  2  of  this  Chap- 
ter. Any  existing  ordinance  providing  a  method  of  procedure 
for  the  work  mentioned  in  Section  1  of  this  Chapter  may  be 
amended  so  that  it  may  also  provide  a  method  of  procedure  for 
the  acquisition  mentioned  in  Section  2  of  this  Chapter.  But  the 
Supervisors  may,  in  any  case,  determine  to  proceed  with  the 
work  mentioned  in  Section  1  hereof  and  with  the  acquisition 
mentioned  in  Section  2  hereof  in  separate  proceedings. 

Sec.  4.  The  Board  of  Supervisors  may,  in  its  discretion, 
order  that  the  whole  or  any  part  of  the  costs  and  expenses  of 
any  of  the  work  or  acquisitions  in  Sections  1  and  2  of  this 
Chapter  mentioned,  or  the  damages  resulting  therefrom,  be  paid 
out  of  the  treasury  of  the  city  and  county  from  such  funds  as 
the  Board  of  Supervisors  may  designate.  Such  discretion  may 
be  exercised  by  the  Board  of  Supervisors  at  any  time  prior  to  the 
time  of  making  an  assessment  therefore.  Whenever  a  part 
of  such  damages,  cost  or  expense  is  so  ordered  to  be  paid, 
before  the  making  of  an  assessment  therefor,  the  Board  of 
Public  Works,  in  making  up  the  assessment  providing  for  such 
damages,  cost  or  expense,  shall  first  deduct  from  the  whole 
damages,  cost  and  expense  such  part  thereof  as  has  been  ordered 
to  be  paid  out  of  the  municipal  trcaury  and  shall  assess  the  re- 
mainder proportionately  upon  the  lots,  parts  of  lots,  and  hinds 
in  the  assessment  district  or  districts  liable  to  be  assessed  therefor. 

Sec.  5.  No  person,  firm  or  corporation  shall  ever  be  granted 
the  exclusive  right  to  operate  a  street  or  other  railroad  through,  in 
or  under  any  tunnel,  subway  or  viaduct  constructed  or  acquired 
under  tlie  provisions  of  this  Chapter.  Two  or  more  lines  of  street 
railways  operated  under  dilTcrcnt  in;m;ig<-?n('iits  may  use  the  same 
tunnel,  subway  or  viaduct  for  the  ontii-f  hMigth  thereof  and  for  i\vi'. 
consecutive  blocks  approaching  each  end  thereof,  each  manage- 
ment paying  an  equal  portion  of  the  expense  for  the  construction, 
maintenance  and  repairs  of  the  tracks  and  appurtenances  used 
by  said  railways  jointly.  The  City  and  County  in  the  operation  of 
a  municipal  railway  may  use  any  such  tunnel,  subway  or  viaduct 


114         Churh  r  of  llic  Cihi  and  Countif  of  San  Francisco. 

eitlier  singly  or  joiutly  with  any  i)i-ivately  operated  railway  for 
tlu'  entire  lenirth  thereof  and  for  any  number  of  bloeks  approach- 
ins;  eaeh  end  thereof;  and  in  ease  of  joint  use  of  tracks  shall  pay 
an  equal  porlion  of  the  expense  for  the  eoiistruetion,  maintenance 
and  repairs  of  the  tracks  and  appurtenances  used  by  said  rail- 
ways jointly. 

Sec.  6.  Two  or  more  tunnels  to  be  constructed  in  pursuance  of 
one  general  plan  may  be  so  constructed  under  one  proceeding  and 
any  or  all  acquisitions  or  condeirmations  of  lands  or  easements  or 
rights  of  way  therein  and  any  property  necessary  and  convenient 
for  the  same  may  ])e  acquired  or  condemned  in  the  same  proceed- 
ings and  the  property  benefited  may  be  assessed  for  the  costs,  dam-, 
ages  and  expenses  thereof  according  to  the  benefit  from  such  gen- 
eral plan. 

This  Chapter  as  amended,  Decemher  10,  1912;  approved  hy  the 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 


Article  VII,  Chapter  II,  Public  Schools  and  Libraries.      115 

ARTICLE  VII. 

PUBLIC  SCHOOLS  AND  LIBRARIES. 

CHAPTER  I. 

THE   BOARD  OF   EDUCATION. 
Board  of  Education.     Directors.     Salary.     Term. 

Section  1.  The  School  Department  shall  he  under  the  con- 
trol and  management  of  a  Board  of  Education  composed  of  four 
School  Directors,  who  shall  he  appointed  by  the  Mayor,  and  who 
shall  give  their  entire  time  to  the  duties  of  their  office.  They 
shall  each  receive  an  annual  salary  of  three  thousand  dollars. 
They  shall  not  be  less  than  thirty  years  of  age  and  must  have 
been  residents  of  the  City  and  County  for  at  least  five  years  prior 
to  their  appointment.  The  Board  shall  never  be  so  constituted 
as  to  consist  of  more  than  two  members  of  the  same  political 
party.  The  term  of  office  of  the  Directors  shall  be  four  years. 
Those  first  appointed  shall  so  classify  themselves  by  lot  that  they 
shall  respectively  go  out  of  office  at  the  expiration  of  one.  two. 
three  and  four  years. 

President.     Secretary.     Salary. 

Sec.  2.  The  Board  shall  organize  by  electing  one  of  its  num- 
ber President,  who  shall  serve  for  one  year  and  until  liis  .succes- 
sor is  elected.  The  Board  may  elect  a  Secretary  who  shall  not 
be  a  member  of  the  Board,  and  who  shall  receive  an  annual  salary 
of  eighteen  hundred  dollars. 

Meetings.     Rules. 

Sec.  3.  The  Board  shall  meet  at  least  once  a  week  and  at  such 
other  times  as  it  may  determine.  It  shall  establish  rules  for  its 
proceedings;  but  the  concurrent  vote  of  a  majority  of  its  mem- 
bers shall  be  neces.sary  to  transact  business.  In  every  instance 
where  a  power  is  exercised  under  tliis  Article  by  the  Board  the 
vote  thereon  shall  })e  taken  by  ayes  and  noes  and  entered  in  tlie 
minutes  of  the  Board. 

CHAPTER  H. 

SCHOOLS. 
School  Department. 

Section  1.  The  School  Department  shall  comprise  all  the  pu])lic 
schools  of  the  City  and  County  and  shall  include  primary  and  gram- 
mar scliools  and  may  include  evening,  dcportnicnl,  tcclinical,  cos 
mopolitan,  high  and  normal  schools. 

Night  Schools. 

Sec.  2.  Adnlts  sli.'ill  l»e  entitled  to  free  inslniction  in  the  evening 
schools;  but  no  child  under  fourteen  years  of  age  shall  be  admitted 
to  such  schools. 


11()         Charifr  of  the  Ciixi  and  County  of  San  Francisco. 

CHAPTER  III. 

POWERS   OF   THE    BOARD   OF    EDUCATION. 
Powers  of  Board  of  Education. 

Section  1.     In  addition  to  the  powers  conferred  by  the  general 
laws  of  the  State,  the  Board  of  Education  shall  have  power : 
Establish  and  Change  Schools. 

1.  To  establish  and  maintain  public  schools  as  provided  in 
this  Article,  and  to  change,  modify,  consolidate  or  discontinue 
the  same  as  the  public  welfare  may  require. 

Teachers.     Salaries.     Promotion  and  Dismissal. 

2.  To  employ  such  teachers  and  persons  as  may  be  necessary 
to  carry  into  effect  its  powers  and  duties;  to  fix,  alter  and  ap- 
prove their  salaries  and  compensation,  and  to  withhold  for  good 
and  sufficient  cause  the  whole  or  any  part  of  the  wages,  salary 
or  compensation  of  any  person  or  persons  employed  as  aforesaid; 
and  to  promote,  transfer  and  dismiss  teachers;  but  no  teacher  in 
the  department  at  the  time  of  the  adoption  of  this  Charter,  or 
who  shall  be  hereafter  appointed,  shall  be  dismissed  from  the  de- 
partment, except  for  insubordination,  immoral  or  unprofessional 
conduct,  or  evident  unfitness  for  teaching.  All  promotions  of 
teachers  shall  be  based  solely  on  merit  and  successful  teaching. 
Nothing  in  this  section  shall  be  construed  to  prevent  the  Board 
from  removing  teachers  holding  only  special  certificates  or  serv- 
ing a  probationary  term.  Charges  against  teachers  must  be  for- 
mally made  by  the  Superintendent  after  due  investigation,  and 
shall  be  finally  passed  upon  by  the  Board  after  giving  the  accused 
teacher  due  hearing. 

Certificates. 

3.  To  grant,  to  renew  and,  for  the  causes  mentioned  in  Sec- 
tion 1.  Subdivision  2  of  this  Chapter,  to  revoke  teachers'  certificates. 
Rules  and  Regulations. 

4.  To  establish  and  enforce  all  necessary  rules  and  regulations 
for  the  government  and  efficiency  of  the  schools  and  for  carrying 
into  effect  the  school  system;  to  remedy  truancy;  to  compel  the 
attendance  at  school  of  children  between  the  ages  of  six  and  four- 
teen years  who  may  be  found  idle  in  public  places  during  school 
hours. 

Investigate  Charges. 

5.  To  investigate  charges  against  any  person  connected  with 
or  in  the  employ  of  the  School  Department,  and  to  take  testi- 
mony in  such  investigations. 

Hold  and  Lease  Property. 

6.  To  receive,  to  take  on  lease  and  to  hold  in  trust  for  the 
City  and  County  any  real  estate  belonging  to  or  claimed  by  the 
School  Department.  To  hold  in  trust  all  personal  property  that 
may  have  been  or  may  hereafter  be  acquired  by  the  School  De- 


Article  VII,  Chapter  III.  Public  Schools  and  Libraries.     117 

partment.  Provided,  however,  that  the  Panama-Pacific  Interna- 
tional Exposition  Company  (a  corporation  organized  under  the 
laws  of  the  State  of  California,  March  22,  1910)  is  authorized  to 
assume  and  take  over  the  manasiement  and  control,  and  have  the 
exclusive  possession  and  use,  of  any  lands  belonging  to  or  claimed 
by  the  School  Department  or  by  the  City  and  County,  which  are 
situate  westerly  from  Twentieth  avenue,  and  not  in  actual  use,  for 
the  purposes  of  an  exposition  to  celel)rate  the  completion  of  the 
Panama  Canal,  such  management  and  control,  possession  and  use, 
to  terminate  not  later  than  one  year  after  the  closing  of  such  expo- 
sition.— As  amended  November  15,  1910;  approved  by  the  Legisla- 
ture February  17,  1911. 

Census   Marshals. 

7.  On  or  before  the  first  day  in  April  in  each  year,  to  appoint 
School  Census  Marshals,  and  notify  the  Superintendent  of  Com- 
mon Schools  of  such  appointments.  Any  Census  IMarshal  found 
incompetent  may  be  discharged  by  the  Superintendent  of  Com- 
mon Schools.  Should  the  Board  fail  or  neglect  to  fill  the  vacancy 
so  caused  ^^^thin  three  days  thereafter  by  the  appointment  of  a 
person  competent  to  perform  the  duties  of  Census  Marshal,  such 
vacancy  may  be  filled  by  the  Superintendent  of  Common  Schools. 

Actions. 

8.  To  sue  in  the  name  of  the  City  and  County  for  lots,  lands 
and  property  belonging  to  or  claimed  by  the  School  Department. 
To  prosecute  and  defend  all  actions  at  law  or  special  proceedings 
or  suits  in  equity  concerning  the  enjoyment  and  possession  of 
siicli  lots,  lands  and  property.  To  require  the  services  of  the  City 
Attorney  in  all  actions,  suits  and  proceedings  by  or  against  the 
Board  of  Education. 

Disbursement  of  Moneys.    Segregation  of  Fund. 

9.  To  establish  regulations  for  the  disbursement  of  all  moneys 
belonging  to  the  School  Department  or  to  the  Common  Scliool 
Fund,  and  to  secure  strict  accountability  in  the  expenditure 
thereof;  to  provide  for  the  prompt  payment,  on  not  later  than  tlie 
fifth  day  of  every  month,  of  all  salaries  due  and  allowed  officers, 
teachers  and  other  employees  of  the  School  Deparlmciit.  Vov  lliis 
purpose  the  Auditor  shall  annually  segregate  so  much  of  the 
Common  School  Fund  as  shall  not  exceed  twenty-eight  dollars 
for  each  pupil  in  average  daily  attendance  in  the  Public  Schools 
of  the  City  and  County  during  the  preceding  fiscal  year.  The 
amount  so  segregated  shall  not  be  applied  to  the  payment  of  any 
demand  against  such  Common  School  Fund  during  any  fiscal 
year  other  than  for  salaries,  until  all  salaries  for  that  fiscal  year 
have  l)een  fully  |>ai(l  or  provided  for.  The  iioard  shall  ascertain 
and  tran.smit  to  the  Auditor  on  or  before  the  first  Monday  in 
April  of  each  year  an  estimate  of  the  amount  required  for  such 
segregation  within  such  limit  of  twenty-eiglit  dollars. 


lis         Charhr  of  the  Cifti  and  County  of  San  Francisco. 

Demands  to  Be  Filed  and  Signed.     Salary   Roll. 

10.  All  demands  payable  out  of  the  Common  School  Fund 
shall  be  filed  with  the  Secretary  of  the  Board  of  Education,  and 
after  they  have  been  approved  hy  the  Board,  they  shall  be  signed 
by  the  President  of  the  Board  and  the  Superintendent  and  sent 
to  the  Auditor.  Every  demand  shall  have  endorsed  upon  it  a 
certificate,  signed  by  the  Secretary,  of  its  approval  by  the  Board 
of  Education,  sho^^^ng  the  date  thereof,  and  the  law  authorizing 
it  by  title,  date  and  section.  Every  person  in  the  employ  of  the 
School  Department  entitled  to  a  salary  therefrom  shall  receive 
a  warrant  for  the  amount  due  and  approved  by  the  Board,  signed 
by  the  President  and  Secretary  thereof.  The  entire  monthly  sal- 
ary roll  of  the  Department  shall  be  made  up  by  the  Secretary 
of  the  Board,  and  after  being  duly  audited  by  the  Finance  Com- 
mittee thereof  and  approved  by  a  majority  of  all  the  members  of 
the  Board,  shall  be  endorsed  in  the  same  manner  as  other  de- 
mands. The  salary  roll  so  audited,  approved  and  endorsed,  shall 
be  immediately  transmitted  to  the  Auditor  not  later  than  the 
third  day  of  every  month  for  comparison  with  the  individual 
salary  warrants  issued  in  the  manner  above  provided:  but  pay- 
ment shall  be  made  only  on  the  individual  warrants  issued  in 
accordance  herewith. 

Leasing  of  School  Property. 

11.  To  lease  to  the  highest  responsible  bidder,  for  the  benefit 
of  the  Common  School  Fund,  for  a  term  not  exceeding  thirty- 
five  years  any  real  property  of  the  School  Department  not  re- 
quired for  school  purposes;  but  no  lease  shall  be  made  except 
after  advertisement  for  bids  for  at  least  sixty  days  in  the  official 
newspaper  and  one  other  daily  newspaper  of  general  circulation, 
published  in  the  City  and  County,  and  by  an  affirmative  vote  of 
at  least  three  members  of  the  Board  of  Education  and  approved 
by  an  ordinance  of  the  Board  of  Supervisors,  passed  by  a  vote 
of  at  least  fifteen  of  its  members,  and  approved  by  the  Mayor; 
and  provided  that  at  the  expiration  of  the  term  of  said  lease  all 
buildings  and  improvements  erected  shall  revert  to  and  become 
the  property  of  the  School  Department  of  the  City  and  County. — 
As  amended,  November  5,  1907 ;  approved  hy  the  Legislature  No- 
vember 23,  1907  {Statutes  Special  Session,  1907,  page  55). 

Trust  Funds. 

12.  To  receive  and  manage  property  or  money  acquired  by 
bequest  or  donation  in  trust  for  the  benefit  of  any  school,  edu- 
cational purpose  or  school  library;  to  carry  into  effect  the  terms 
of  any  bequest  not  in  conflict  with  the  general  laws  of  this  Char- 
ter; and  to  sell  such  personal  property  as  shall  no  longer  be  re- 
quired for  use  in  the  schools.  All  moneys  realized  by  such  sales 
shall  be  at  once  paid  into  the  treasury  to  the  credit  of  the  Common 
School  Fund. 


Article  VII,  Chapter  IV,  Public  Scliools  and  Libraries.     119 

Proposals  for  Supplies.     Provisions  Governing  Proposals. 

Sec.  2.  The  Board  shall  annually,  before  the  first  day  of  IMay, 
make  a  list  of  supplies  estimated  to  he  required  hy  the  School  De- 
partment for  the  ensuing:  fiscal  year,  statinof  in  clear  and  explicit 
terms  the  fjuantity  and  kind  of  articles  needed  and  how  and  when 
they  shall  he  delivered,  and  shall  invite  proposals  for  furnishins:  the 
same  hy  advertising  therefor  for  at  least  ten  days  in  the  official 
newspaper. 

The  provisions  of  Article  IT,  Chapter  III,  of  this  Charter,  in 
regard  to  the  advertising  for  proposals,  the  aftidavit  and  security 
accompanying  the  sanie,  the  presentation  and  o])ening  of  ]iroi)osals; 
the  awarding  of  contracts  and  the  security  for  the  i^erformance 
thereof,  shall,  so  far  as  the  same  can  be  made  applicable,  apply  to  all 
proposals  and  contracts  made,  aAvarded  or  entered  into  for  fur- 
nisliing  supplies  to  the  School  Department.  Any  contract  nuide 
in  violation  of  any  provision  of  this  Article  shall  be  void. 
Annual  Report  to  Supervisors. 

Sec.  3.  The  Board  shall,  during  each  year,  transmit  to  the 
Supervisors  a  report  in  writing  for  the  preceding  fiscal  j^ear, 
stating  the  number  of  schools  within  its  jurisdiction,  the  length 
of  time  they  have  been  kept  open,  the  number  of  pupils  taught 
in  each  school,  the  average  daily  attendance  of  pupils  in  all  the 
public  schools,  the  number,  names  and  salaries  of  teachers,  the 
dates  of  their  appointments  and  the  character  of  the  certificates 
held  by  them,  the  amount  of  mcmey  drawn  from  tlic  treasury 
by  the  Department  during  the  year,  distinguishing  the  State 
fund  from  all  others,  the  purpose  for  whicli  such  money  has  ])een 
expended,  with  particulars,  and  such  othiM-  infoi-niation  as  may 
be  required  by  the  State  Superintendent,  the  Supervisors  or  the 
Mayor. 
Schedule   of  Salaries. 

Sec.  4.  The  Board  shall,  between  the  first  and  twenty-first 
days  of  May  of  each  year,  adopt  a  schedule  of  salaries  for  the 
next  ensuing  fiscal  year  for  teachers  and  all  emj)l()yes  of  the 
School  Department. 

rilABTKR  TV. 

SUPERINTENDENT    OF    SCHOOLS. 
Superintendent  of  Schools.     Salary. 

Section  1.  The  Superintendent  of  Sehool.s  of  the  City  and 
County  shall  he  elected  by  the  <|Uali(ie(l  electors  thereof  ;it  each 
gubernatorial  election. 

lie  .shall   be  l»y  virtue  of   his  oflice   ;i    iiiciiihcr  ol'   tlic    Uoard   (tf 
Education.      JIc  shall   receive  an   aiiiiii;il   salary  of   four   thousand 
dollars. — As   (unended    March    Id,    ItHTi;   (i})}>rnr(<l    In/    Ihr    Lrrjis- 
Inture  April  I,  19ir,   (Sfafutrs,  19/5). 
Deputy  Superintendents. 

Sec.  2.     The  Superintendent  shall  appoint  four  Deputy  Super- 


120         Charter  of  the  City  and  County  of  San  Francisco. 

iutendeuts.  The  number  of  such  deputies  shall  not  be  increased 
until  tlie  average  daily  attendance  shall  have  reached  forty-five 
thousand,  when  the  Superintendent  shall  appoint  one  additional 
deputy  and  thereafter  he  shall  appoint  one  deputy  for  each  addi- 
tional eight  thousand  children  in  average  daily  attendance.  If 
from  any  cause  a  vacancy  occurs  in  the  office  of  Deputy  Super- 
intendent, such  vacancy  shall  be  filled  by  the  Superintendent. 
Term  of  Deputies. 

Sec.   3.     Of   the   Deputy   Superintendents   first   appointed,   the 
Superintendent  shall  appoint  two  for  two  years  and  two  for  four 
years.     All  Deputy  Superintendents  subsequently  appointed  shall 
liold  office  for  four  years. 
Qualifications  of  Deputies. 

Sec.  4.  Such  deputies  must  have  had  at  least  ten  years'  suc- 
cessful experience  as  teachers,  and  shall  have  been  residents  of 
the  City  and  County  at  least  five  years  preceding  their  appointment. 
Duties  of  Superintendent. 

Sec.  5.     In  addition  to  the  duties  imposed  by  the  general  laws 
of  the  State,  it  shall  be  the  duty  of  the  Superintendent: 
Enforce  Rules. 

1.  To  observe  and  enforce  all  rules  and  regulations  of  the 
Board  of  Education  and  to  see  that  no  religious  or  sectarian  books 
or  teachings  are  allowed  in  the  schools. 

Annual   Report  to  Board. 

2.  To  report  to  the  Board  of  Education  annually,  on  or  before 
the  twentieth  day  of  August,  and  at  such  other  times  as  the  Board 
may  require,  all  matters  pertaining  to  the  condition  and  progress 
of  the  public  schools  of  the  City  and  County  during  the  fiscal  year, 
with  such  recommendations  as  he  may  deem  proper. 
Recommendations. 

3.  To  inform  the  Board  of  the  condition  of  the  schools,  school- 
houses  and  of  other  matters  connected  therewith,  and  to  recom- 
mend such  measures  as  he  may  deem  necessary  for  the  advance- 
ment of  education  in  the  City  and  County,  and  for  the  care  and 
improvement  of  the  property  of  the  School  Department. 

Visit    All    Schools. 

4.  To  visit  and  examine,  with  the  assistance  of  his  deputies,  all 
the  schools  at  least  twice  a  year,  and  determine  their  standing  and 
classification.  To  recommend  rules  for  the  promotion  of  pupils 
from  grade  to  grade,  from  school  to  school,  and  for  the  transfer 
and  the  graduation  of  pupils. 

Studies  and  Text-Books. 

5.  To  recommend  to  the  Board  the  courses  of  studies,  the  text- 
books and  books  for  supplementary  use  in  the  public  schools 
and  the  purchase  of  such  apparatus,  books,  stationery  and  other 
class-room  supplies  as  may  be  required  in  the  schools. 


Article  VII,  Chapter  V,  Public  Schools  and  Libraries.     121 

Standing  of  Schools. 

6.  To  report  to  the  Board  once  a  month  upon  the  standing  of 
schools  examined  by  him  and  his  deputies. 

City   Board   of   Examination.     Powers. 

Sec.  6.  The  Superintendent  and  his  Deputies  shall  constitute 
the  City  Board  of  Examination,  and  shall  have  power: 

To    Examine   Applicants. 

1.  To  examine  applicants,  and  to  prescribe  a  standard  of  pro- 
ficiency which  will  entitle  the  person  examined  to  receive: 

a.  A  high   school   certificate,   valid   for   six  years,   which 
•    shall  authorize  the  holder  to  teach  any  primary,   grammar, 

or  high  school  in  the  City  and  County. 

b.  A  City  certificate,  grammar  grade,  valid  for  six  years, 
which  shall  authorize  the  holder  to  teach  any  primary  or 
grammar  school  in  the  City  and  County. 

c.  A  City  certificate,  primary  grade,  valid  for  two  years, 
which  shall  authorize  the  holder  to  teach  any  primary  school 
in  the  City  and  County.  They  shall  report  the  result  of  the 
examination  to  the  Board  of  Education,  and  the  Board  shall 
thereupon  issue  to  the  successful  candidates  the  certificates 
to  which  they  shall  be  entitled. 

Special    Certificates. 

2.  To  recommend  applicants  for  special  certificates  valid  for 
a  period  not  to  exceed  six  years,  upon  such  special  studies  as  may 
be  authorized  by  the  Board  of  Education. 

Revocation   of  Certificates. 

3.  For  immoral  or  unprofessional  conduct,  profanity,  intem- 
perance, or  evident  unfitness  for  teaching,  to  recommend  to  tlie 
Board  of  Education  the  revocation  of  any  certificates  previously 
granted  by  the  Board. 

Recommend  City  Certificates. 

4.  To  recommend  the  granting  of  City  certificates,  and  the 
renewal  thereof,  in  the  manner  provided  for  the  granting  and 
renewal  of  County  certificates  by  County  Board  of  Education  in 
section  seventeen  hundred  and  seventy-five  of  the  Political  Code. 

CHAPTER  V. 

SCHOOL    TAX    LEVY. 
Annua!   Estimate.     Limit  of  Aggregate  Amount. 

Section  1.  The  Board  of  Education  sli.-ill,  on  or  before  the 
first  Monday  of  April  in  each  year,  report  to  the  Supervisors  an 
estimate  of  the  amount  which  shall  be  required  during  the  en- 
suing fi.scal  year  for  the  purpose  of  meeting  the  current  annual 
expenses  of  public  instruction  in  the  City  and  County  specifying 
the  ;niion?it    required   for  sui)plie.s  to  be  furnished  pupils,  includ- 


IL'l'  Clidrhr  of  IJir  Cih/  and  CoiDiIji  of  Sitn   J'^ranciaco. 

injr  toxt-books  for  iiuliixoiit  cliildrcn ;  for  pnrcliasinw  and  procur- 
iiiiT  sitos;  for  loasiiiij  rooms  or  croctin},'  l)uil(liii<;s :  for  furnishing, 
fitting  up,  altering,  enlarging  and  repairing  buildings;  for  the 
support  of  sehools  organized  sinee  the  last  annual  apportionment; 
for  tlie  salary  of  the  Sehool  Direetors,  Superintendent,  Deputy 
superintendents,  and  all  other  persons  employed  in  tlie  School  De- 
partment, and  for  other  expenditures  necessary  for  the  admin- 
istration of  the  Public  School  system;  but  the  aggregate  amount 
so  reported  for  any  one  year  shall  not  exceed  the  sum  of  thirty- 
two  dollars  and  tifty  cents  for  each  pupil,  who  in  the  fiscal  year 
immediately  prior  thereto  actually  attended  the  schools  entitled 
to  iiarticii>ate  in  tlie  apportionment  thereof. 

Common  School  Fund. 

Sec.  2.  The  Supervisors  at  the  time  and  in  the  manner  of  levy- 
ing and  collecting  other  City  and  County  taxes  shall  levy  and  cause 
to  be  collected  for  the  Common  School  Fund  a  tax  which,  added 
to  the  revenue  derived  from  other  sources,  shall  produce  an  amount 
of  money  which  shall  not  exceed  thirty-two  dollars  and  fifty  cents 
for  each  pupil  in  attendance  during  the  preceding  fiscal  year,  as 
ascertained  and  reported  by  the  Roard  of  Education. 

Extraordinary  Expenditures. 

Sec.  3.  In  case  of  extreme  emergency  or  great  calamity,  such 
as  disaster  from  fire,  riot,  earthquake  or  public  enemy,  the  Board 
of  Education  may.  with  the  approval  of  the  ]\Iayor  or  Super- 
visors, incur  extraordinary  expenditures  in  excess  of  the  annual 
limit  provided  for  in  this  Charter,  for  the  repair  and  construction 
and  furnishing  of  seliool  houses  in  place  of  those  so  injured  or  de- 
stroyed. The  Supervisors  may,  by  ordinance,  cause  to  be  trans- 
ferred to  the  Common  School  Fund,  from  moneys  in  any  fund 
not  otherwise  appropriated,  sufficient  money  to  liquidate  such 
expenditure,  and  provide  for  the  same  in  the  next  tax  levy  of  the 
City  and  County. 

CHAPTER  VI. 

SCHOOL   HOUSES  AND   LOTS. 
New  School   Houses.     Plans  and  Estimates. 

Section  1.  When  any  locality  in  the  City  and  County  is  un- 
provided with  sufficient  school  accommodations,  the  Board  of 
Education  may,  by  resolution,  make  a  requisition  upon  the  Board 
of  Public  Works  for  plans  and  specifications  and  estimates  for  a 
new  school  house,  specifying  the  number  of  class  rooms  needed, 
the  location  of  the  proposed  school  house,  the  date  on  which  it 
should  be  completed,  the  amount  of  money  in  the  School  Fund 
available  for  the  purpose,  and  such  other  information  as  will 
enable  the  Board  of  Public  Works  to  prepare  the  necessary  plans, 
specifications  and  estimates  of  cost  for  such  school  house. 

If  such  plans,  specifications  and  estimates  are  approved  by  the 


Article  VII,  Chapter  VII,  Public  Schools  and  Libraries.     123 

Board  of  Education  they  shall  be  endorsed  "Approved."  with 
the  date  of  such  approval,  by  the  President  and  Secretary  thereof, 
and  returned  to  the  Board  of  Public  Works,  which  shall  proceed 
without  delay  to  have  such  school  house  constructed  and  com- 
pleted in  accordance  therewith. 

When  such  school  house  is  completed,  the  Board  of  Public 
Works  shall  notify  the  Board  of  Education  to  examine  the  same, 
and  if  it  has  been  built  in  accordance  with  the  plans  and  specifi- 
cations and  within  the  estimated  cost  thereof,  the  Board  of  Edu- 
cation shall  accept  and  take  possession  of  it. 

Repairs  by  Board  of  Public  Works. 

Sec.  2.  When  any  school  house,  building,  fence  or  other  prop- 
erty belonging  to,  or  connected  with  or  under  the  control  of,  the 
Board  of  Education,  needs  repairing,  altering  or  improving,  the 
Board  shall  notify  the  Board  of  Public  Works,  specifying  in 
general  terms  the  work  to  be  done.  The  Board  of  Public  Works 
shall  cause  tlie  saiiie  to  be  done  forthwith,  if  the  cost  thereof 
shall  not  exceed  two  hundred  and  fifty  dollars;  otherwise  the 
Board  of  Public  Works  shall  submit  plans,  specifications  and 
estimates  of  cost  to  the  Board  of  Education  for  its  approval,  and 
if  approved  as  provided  in  section  one  of  this  Chapter,  the  Board 
of  Public  Works  shall  cause  the  same  to  be  done,  and  if  done  in 
accordance  with  the  plans  and  specifications,  and  within  such 
estimate,  the  same  shall  be  accepted  and  shall  be  paid  for  out  of 
the  Common  School  Fund. 

Purchase  of  Lots. 

Sec.  3.  When  it  is  necessary  to  purchase  a  lot  for  the  use  of 
the  School  Department,  the  price  paid  for  such  lot  shall  not  ex- 
ceed the  market  value  of  adjacent  property  of  equal  size  and 
similarly  situated.  Any  school  building  hereafter  constructed  shall 
have  a  clear  space  of  at  least  ten  feet  around  the  same. 


CHAPTER  VII. 

PUBLIC    LIBRARY    AND    READING    ROOM. 

Board  of  Trustees.    How  Constituted. 

Section  1.  The  Public  Library  and  Heading  Kooms  of  Ihc 
(!ity  and  Omnty  shall  be  under  tlie  management  of  a  Board  of 
twelve  Trustees,  one  of  whom  shall  be  the  Mayor  of  the  City  and 
County,  who  shall  be  a  member  of  the  Board  by  virtue  of  his 
office.  The  Board  of  Trustees  of  .said  Library  and  Reading  Rooms 
in  office  at  the  time  this  Charter  shall  take  efTect  shall  continue  to 
constitute  the  T?f)ard  of  Trustees  of  said  Public  Tjibrary  and  Rend- 
ing Rooms;  and  all  vacancies  therein  shall  be  liled  by  said  l^>ard. 
None  of  said  Trustees  shall  receive  any  compensation  for  his 
services. 


124        Charter  of  the  City  and  County  of  San  Francisco. 

Library   Fund.    Amount  of  Tax. 

Sec.  2.  The  Supervisors  shall,  for  the  purpose  of  maintaining 
such  Library  and  Reading  Rooms  and  such  branches  thereof  as 
the  Board  of  Library  Trustees  may  from  time  to  time  establish, 
.iiui  for  purcliasing  books,  journals  and  periodicals,  and  for  pur- 
fhasing  or  leasing  real  and  personal  property  and  for  construct- 
ing such  buildings  as  may  be  necessary,  annually  levy  a  tax  on 
all  property  in  the  City  and  County  not  exempt  from  taxation 
which  shall  not  be  less  than  one  and  one-half  cents  nor  more 
than  two  and  one-half  cents  upon  each  one  hundred  dollars  assessed 
valuation  of  said  property.  The  proceeds  of  said  tax  shall  be 
credited  to  the  Library  Fund. 

Gifts  and   Bequests  to  Library  Fund. 

See.  3.  All  revenue  from  such  tax,  together  with  all  money 
or  property  derived  by  gift,  devise,  bequest  or  otherwise,  for  the 
purposes  of  the  Library,  shall  be  paid  into  the  treasury  and  be 
designated  as  the  Library  Fund  and  be  applied  to  the  purposes 
herein  authorized.  If  such  payment  into  the  treasury  should  be 
inconsistent  with  the  conditions  or  terms  of  any  such  gift,  devise 
or  bequest,  the  Board  shall  provide  for  the  safety  and  preserva- 
tion of  the  same  and  the  application  thereof  to  the  use  of  the 
Library  and  Reading  Rooms,  in  accordance  with  the  terms  and 
conditions  of  such  gift,  devise  or  bequest. 

Title  to  Vest  in  City  and  County. 

Sec.  4.  The  title  to  all  property,  real  and  personal,  now  owned 
or  hereafter  acquired  by  purchase,  gift,  devise,  bequest  or  other- 
wise, for  the  purpose  of  the  Library  and  Reading  Rooms,  when 
not  inconsistent  with  the  terms  of  its  acquisition,  shall  vest  in  the 
City  and  County,  and  in  the  name  of  the  City  and  County  may  be 
sued  for  and  defended  by  action  at  law  or  otherwise. 

Powers  of  Board,  Officers  and   Emoloyees. 

Sec.  5.  The  Board  shall  take  charge  of  the  Public  Library  and 
Reading  Rooms,  and  the  branches  thereof,  and  of  all  real  and  per- 
sonal property  thereunto  belonging  or  that  may  be  acquired 
by  loan,  purchase,  gift,  devise  or  otherwise,  when  not  incon- 
sistent with  the  terms  and  conditions  of  the  gift,  devise  or 
bequest.  It  shall  meet  for  business  purposes  at  least  once  a 
month,  and  at  such  other  times  as  it  may  appoint,  in  a  place  to 
be  provided  for  the  purpose.  A  majority  of  the  Board  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  It  shall  elect 
one  of  its  number  President,  who  shall  serve  for  one  year  and 
until  his  successor  is  elected,  and  shall  elect  a  Librarian  and 
Secretary  and  such  assistants  as  may  be  necessary.  The  Secre- 
tary shall  keep  a  full  account  of  all  property,  money,  receipts  and 
expenditures  and  a  record  of  all  its  proceedings. 


Article  VII,  Chapter  VII,  Public  Schools  and  Libraries.     125 

Powers  of   Board. 

Sec.  6.  The  Board,  by  a  majority  vote  of  all  its  members  to  be 
recorded  in  its  minutes  with  the  ayes  and  noes,  shall  have  power : 

Rules    and    Regulations. 

1.  To  make  and  enforce  all  rules,  regulations  and  by-laws 
necessary  for  the  administration,  government  and  protection  of 
the  Library  and  Reading  Rooms  and  branches  thereof,  and  all 
property  belonging  thereto,  or  that  may  be  loaned  thereto. 

Administer   Trusts. 

2.  To  administer  any  trust  declared  or  created  for  such  Library 
and  Reading  Rooms  and  branches  thereof,  and  provide  memorial 
tablets  and  niches  to  perpetuate  the  memory  of  those  persons  who 
may  make  valuable  donations  thereto. 

Appoint   and    Remove   Assistants. 

3.  To  define  the  powers  and  prescribe  the  duties  of  all  offi- 
cers: (Ictoniiine  the  number  of  and  cloct  all  necessary  subordinate 
officers  and  assistants,  and  for  good  and  sufficient  cause  to  re- 
move any  officer  or  assistant. 

Purchase   Books. 

4.  To  purchase  books,  journals,  publications  and  other  per- 
sonal property. 

Payments    From    Library    Fund. 

5.  To  order  the  drawing  and  payment  upon  vouchers,  certi- 
fied by  the  President  and  Secretary,  of  money  from  the  Library 
Fund  for  any  liability  or  authorized  expenditure. 

Fix   Salaries.     Buildings, 

6.  To  fix  the  salaries  of  the  Librarian  and  Secretary  and  their 
assistants;  and,  with  the  approval  of  the  Supervisors  expressed 
by  ordinance,  to  eroet  and  efjuip  such  building  or  buildings,  room 
or  rooms,  as  may  bo  necessary  for  the  Library  and  Reading  Rooms 
and  branches  thereof. 

Branches. 

7.  To  establish  such  branches  of  the  Library  and  Reading 
Rooms  as  the  growth  of  the  City  and  County  may  from  time  to 
time  demand. 

Supervisors  May  Authorize  Use  of  Real   Estate  for  Library  Purposes. 

Sec.  7.  The  Supervisors  sliall  have  power  to  appropriate  and 
authorize  the  use,  either  in  whole  or  in  part,  of  any  real  estate 
belonging  to  the  ('ity  and  (Jounty,  for  the  i)urj)oso  of  erecting  and 
maintaining  a  building  or  buildings  thereon  to  be  usimI  for  tlie 
Library  and  Reading  Rooms,  or  brandies  thereof,  and  nuiy  ap- 
propriate the  whole  or  any  portion  of  any  public  l)uil<ling  belong- 
ing to  the  City  and  County  for  such  use. 


V26         Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  VIII. 

POLICE  DEPARTMENT. 

CHAPTER  I. 

ORGANIZATION. 
Consists   Of. 

Section  1.     The  Police  Department  shall  consist  of  a  Board  of 
Police  Commissioners,  a  Chief  of  Police,  a  Police  Force,  and  of 
such  clerks  and  employees  as  shall  be  necessary  to  carry  into  effect 
the  provisions  of  this  Article. 
Term   of   Members. 

Sec.  2,     All  members  of  the  Police  Department  shall  hold  office 
during  good  behavior,   subject  to   the   provisions  hereinafter   set 
forth  relating  to  promotions,  suspensions,  dismissals  and  disrate- 
ments. 
Qualification    of    Members. 

Sec.  3.  No  person  shall  become  a  member  of  the  Department 
unless  he  shall  be  a  citizen  of  the  United  States,  of  good  charac- 
ter for  honesty  and  sobriety,  able  to  read  and  write  the  English 
language,  and  a  resident  of  the  City  and  County  for  at  least  five 
years  next  preceding  his  appointment.  Every  appointee  to  the 
Department  shall  not  be  less  than  twenty-one  nor  more  than 
thirty-five  years  of  age,  must  possess  the  physical  qualifications 
required  for  recruits  of  the  United  States  Army,  and  before  his 
appointment  must  pass  a  satisfactory  medical  examination  under 
such  rules  and  regulations  as  may  be  prescribed  by  the  Board  of 
Police  Coromissioners.  In  making  appointments  of  members  of 
the  Department,  the  Board  shall  never  regard  the  political  or 
religious  preferences  or  affiliations  of  any  candidate. 

CHAPTER  II. 

POLICE  COMMISSIONERS. 
Board  of  Four  Police  Commissioners.    Appointed   by   Mayor.    Salary. 

Section  1.  The  Police  Department  shall  be  under  the  man- 
agement of  a  Board  of  Police  Commissioners  consisting  of  four 
members  who  shall  be  appointed  by  the  Mayor,  and  each  of  whom 
shall  receive  an  annual  salary  of  twelve  hundred  dollars.  No 
person  .shall  be  appointed  such  Commissioner  who  shall  not  have 
been  an  elector  of  the  City  and  County  for  at  least  five  years  next 
preceding  his  appointment. 
Political    Affiliations.     Term. 

Sec.  2.  The  Board  shall  never  be  so  con.stituted  as  to  consist 
of  more  than  two  members  of  the  same  political  party.  The  term 
of  office  of  the  Commissioners  shall  be  four  years.  Those  first 
appointed  shall  so  classify  themselves  by  lot  that  they  shall  respect- 
ively go  out  of  office  at  the  expiration  of  one,  two,  three  and  four 
years. 


Article  VIII,  Chapter  III,  Police  Department.  127 

Successors   in   Office. 

Sec.  3.  The  Commissioners  shall  be  successors  in  office  of  the 
Police  Commissioners  holding  office  in  the  City  and  County  at 
the  time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  or  law  of  this  State. 

President.     Secretary.     Salary. 

Sec.  4.  The  Police  Commissioners  shall  organize  by  electing 
one  of  their  number  President,  who  shall  hold  such  office  for  one 
year.  The  Board  shall  appoint  a  Secretary,  who  shall  receive  an 
annual  salary  of  fifteen  hundred  dollars.  Tlie  sessions  of  the 
Board  shall  be  public,  except  that  executive  sessions  may  be  held 
Avhenever  deemed  proper  by  the  Board.  The  Board  shall  meet 
at  least  once  a  week  in  the  rooms  of  the  Police  Department,  or  in 
case  of  public  emergency  at  such  place  as  the  Board  may  select. 
The  Secretary  must  keep  minutes  of  its  proceedings ;  and  in  every 
case  where  a  power  is  exercised  by  the  Board  under  this  Article 
the  ayes  and  noes  thereon  shall  be  entered  therein. 

CHAPTER  III. 

POWERS   OF   BOARD. 

Powers  of  Commissioners. 

Section  1.     The  Board  of  Police  Commissioners  shall  have  power : 

Appoint  and    Dismiss. 

1.  To  appoint,  promote,  suspend,  disrate  or  dismiss  any  member 
of  the  Department  in  the  manner  hereinafter  provided. 

Rules   and    Regulations. 

2.  To  ])i'('scril)o  rules  and  regulations  for  the  government,  dis- 
cipline, equij)ment  and  uniform  of  the  Department,  and  from  time 
to  time  to  alter  or  repeal  the  same,  and  to  prescribe  penalties 
for  llic  violations  of  any  of  sucli  rules  and  regulations.  All  such 
rules  and  regulations  must  be  reasonable. 

Permits  for  Sale  of  Liquor.    Hearing  of  Persons  Refused  Permits. 

3.  To  grant  permits  to  any  person  desiring  1o  engage  in  the 
sale  of  liquor  in  le.ss  quantity  than  one  quart,  and  to  grant  per- 
mits to  any  person  engaged  in  the  business  of  selling  liquor  to 
be  drunk  on  the  premises,  and  to  revoke  any  such  permit  when 
it  shall  appear  to  the  Board  that  the  ])usincss  of  tlic  person  to 
whom  such  permit  was  given  is  conducted  in  a  disorderly  or  im- 
proper manner.  Without  such  ])ermit  none  (»f  such  ])er.sons  .sliall 
engage  in  the  business  of  selling  li(|uor.  If  the  Hoard  refuse  to 
grant  such  permit,  or  propose  to  revoke  any  j)ermit  that  has  l)een 
granted,  the  person  who  is  refused  such  permit  or  wliose  permit 
it  is  proposed  to  revoke,  sliall  be  entitled  to  be  lieard  before  the 
Board  in  [)erson,  or  through  eounsel.  and  to  have,  free  of  charge, 
all  reasonable  facilities  at  tlie  liearing.  Such  permits  shall  not 
be  granted   for   more   lli;ni    thre(!   monllis   a1    oin-   liine,   and   they 


12S         (liarlrr  of  Ihr  Cihi  and  (^nioifi/  of  Snn  Francisco. 

shall  distinctly  state  the  name  of  the  person  to  whom  the  same  is 
given  and  the  description  of  the  premises  where  such  business 
is  to  be  carried  on.  Such  permits  shall  at  all  times  be  subject  to 
inspection  by  any  member  of  the  Department.  Complaints  to 
revoke  permits  granted  by  the  Board  must  be  in  writing,  signed 
by  the  person  making  the  same  and  filed  with  the  Secretary  of 
the  Board;  and  a  copy  thereof  certified  by  the  Secretary  must  be 
served  upon  the  party  complained  against  at  least  five  days  be- 
fore the  time  set  for  the  hearing  of  the  complaint. 

Special  Police  Officers. 

4.  At  its  discretion,  upon  the  petition  of  any  person,  firm  or 
corporation,  to  appoint,  and  at  pleasure  to  remove,  special  police 
officers.  Such  officers  shall  be  subject  to  all  the  rules  and  regu- 
lations of  the  Board. 

Sale  and    Disposition  of  Unclaimed   Property. 

5.  To  provide  for  the  care,  restitution  or  sale  at  annual  public 
auction  of  all  unclaimed  property  that  may  come  into  the  possession 
of  the  Property  Clerk,  and  to  direct  the  destruction  of  such  prop- 
erty as  shall  consist  of  implements,  weapons,  property  or  any  other 
article,  matter  or  thing  used  in  the  commission  of  crime. 

Police  Matrons. 

6.  To  appoint  Police  Matrons  for  the  care  of  female  prisoners 
and  to  provide  rules  and  regulations  for  the  government  of  the 
same. 

Police  Surgeon. 

7.  To  appoint  a  Police  Surgeon,  who  shall  receive  an  annual 
salary  of  fifteen  hundred  dollars. 

investigations  of  Police   Department. 

8.  The  Board  shall,  of  its  own  motion,  and  without  the  filing 
or  presentation  of  any  complaint,  have  power  to  initiate  and 
conduct  investigations  of  all  matters  affecting  or  relating  to  affairs 
of  the  Police  Department  or  the  discipline  of  the  members  thereof, 
and  for  the  conduct  of  such  investigations,  shall  have  power  to  take 
and  hear  testimony  touching  the  matters  under  investigation,  admin- 
ister oaths  and  affirmations,  and  upon  such  investigations,  and 
upon  the  trial  or  hearing  of  all  matters,  jurisdiction  to  try  or 
hear  which  is  given  by  this  Charter  to  said  Board,  shall  have 
power  to  issue  subpoenas  for  the  attendance  of  witnesses  and  the 
production  of  books,  papers  and  documents  pertinent  to  the  matter 
under  investigation,  or  to  said  trial  or  hearing.  Whenever  any 
person  subpoenaed  to  appear  and  give  testimony  or  to  produce 
such  books,  papers  or  documents  as  required  by  such  subpoena,  shall 
refuse  to  appear  or  testify  before  said  Board,  or  to  answer  any 
questions  which  the  majority  of  said  Board  shall  decide  to  be 
proper  and  pertinent,  he  shall  be  deemed  in  contempt  of  said  Board, 
and  it  shall  be  the  duty  of  the  President  of  said  Board  to  report 


Article  VIII,  Chapter  IV,  Police  Department.  129 

the  fact  to  the  presiding  judge  of  the  Superior  Court  of  the  City 
and  County  of  San  Francisco.  State  of  California,  who  shall 
thereupon  issue  an  attachment  in  the  form  usual  in  said  Superior 
Court,  directed  to  the  Sheriff  of  said  City  and  County,  command- 
ing said  Sheriff  to  attach  such  person  and  forthwith  bring  him 
before  said  presiding  judge  of  said  Superior  Court.  On  the  return 
of  said  attachment,  and  the  production  of  the  person  attached,  the 
said  presiding  judge  shall  have  jurisdiction  of  the  matter,  and 
the  person  charged  may  purge  himself  of  the  contempt  in  the 
same  way,  and  the  same  proceedings  shall  be  had,  and  the  same 
penalties  may  be  imposed  and  the  same  punishment  inflicted  as 
in  the  case  of  a  witness  subpoenaed  to  appear  and  give  evidence  on 
the  trial  of  a  civil  cause  before  a  Superior  Court  of  the  State  of 
California.  Any  member  of  said  Board  shall  have  power  to  issue 
any  subpoena  herein  provided  for. — New  subdivision  added  by 
amendment  December  10,  1912;  approved  by  the  Legislature 
March  28,  1913  (Statutes,  1913,  page  1602). 

Special    Meetings. 

Sec.  2.  The  President  may  convene  the  Board  for  special  meet- 
ings. The  Secretary  of  the  Board  shall  be  the  olificial  custodian 
of  all  records  and  official  documents  of  the  Board. 

CHAPTER  IV. 

THE   CHIEF   OF   POLICE. 

Chief  of  Police.    Term.    Salary.    Powers  and  Duties. 

Section  1.  The  Chief  of  Police  shall  be  appointed  by  the  Board 
of  Police  Commissioners  and  hold  office  for  the  term  of  four  years. 
He  shall  receive  an  annual  salary  of  four  thousand  dollars.  He 
shall  have  control,  management  and  direeti(m  of  all  mem])crs  of  the 
Department  in  the  lawful  exercise  of  his  functions,  with  full  power 
to  detail  any  of  them  to  such  public  service  as  he  may  direct,  and 
with  like  power  to  suspend  temporarily  any  member  of  the  Depart- 
ment. In  all  cases  of  such  suspension,  he  sliall  immediately  repcu't 
the  same  to  the  Board,  with  the  reasons  therefor  in  writing.  He 
shall  maintain  and  enforce  law  and  rigid  discipline  so  as  to  secure 
complete  efficiency  of  the  Department.  He  shall,  subject  to  the 
directions  Jind  orders  of  tlie  Commissioners,  have  control  of  such 
of  the  |)risons  of  the  City  and  ('ounty  as  iirc  not  by  the  general 
law  under  tlu;  control  of  llu;  Sheriff. 

Powers  and   Duties.     Riots. 

Sec.  2.  In  the  suppression  of  any  riot,  public  tumult,  disturb- 
ance of  the  public  peace,  or  organized  resistance  against  the  laws 
or  public  authority,  the  Chief  of  I'olice  shall,  in  the  lawful  exercise 
of  his  functions,  have  all  the  pow(!rs  that  are  now  or  may  be  con- 
ferred on  Sheriffs  by  the  laws  of  the  State. 


130         CJiarfn-  of  the  CUtf  nud  C<ni»tji  of  Snv   Francisco. 

Chief    Executive    Officer    of    the    Department. 

Sec.  ;i.  The  ('hief  of  Police  shall  he  the  chief  executive  officer 
of  the  Department.  He  shall  be  ehjirircahle  with  and  responsible 
for  the  execution  of  all  laws  and  ordinances  and  the  rules  and 
regulations  of  the  Department.  lie  shall  see  that  the  orders  and 
process  issued  by  the  Police  Court  and  such  other  orders  and 
proeess  as  may  be  placed  in  his  hands  are  promptly  executed,  and 
shall  exercise  such  other  powers  connected  with  his  office  as  may 
be  provided  for  in  the  ireneral  rules  and  regulations  of  the  Com- 
missioners. 

Law     Books     in     Office. 

Sec.  4.  The  Chief  of  Police  shall  keep  a  public  office,  in  which 
he  shall  have  the  Statutes  of  this  State  and  of  the  United  States, 
and  all  neces.sary  works  on  criminal  law.  In  case  of  his  temporary 
absence,  some  competent  member  of  the  Department,  by  him  desig- 
nated for  that  purpose,  shall  be  in  attendance  at  all  hours  of  the 
day  and  night ;  and  in  such  case  he  shall  make  known  to  such  mem- 
ber of  the  Department  where  he  can  be  found. 

Bailiffs  in    Police  Court.    Appointees.    Salaries. 

Sec.  5.  The  Chief  of  Police  shall  detail  one  or  more  of  the 
members  of  the  Department  to  attend  constantly  on  the  Police 
Court  and  to  execute  its  orders  and  process.  He  shall  detail  at 
his  pleasure  members  of  the  Department  to  act  as  his  Chief  Clerk. 
Assistant  Clerks.  Prison  Keepers  and  Property  Clerk.  Said  Chief 
Clerk  and  said  Property  Clerk  shall  each  receive  an  annual  salary 
of  twenty-four  hundred  dollars. 

Contingent    Fund.     Total    Disbursements. 

Sec.  6.  The  Chief  of  Police  may  from  time  to  time  disburse 
such  sums  for  contingent  expenses  of  the  Department  as  in  his 
judgment  shall  be  for  the  best  interest  of  the  City  and  County,  to 
be  paid  out  of  the  contingent  fund  allowed  the  Department.  The 
aggregate  of  all  such  sums  shall  not  in  any  one  fiscal  year  exceed 
the  sum  of  ten  thousand  dollars.  Provision  shall  be  made  l)y  the 
Supervisors  for  such  contingent  fund  in  the  annual  tax  levy.  The 
Commissioners  shall  allow  and  order  paid  out  of  such  contingent 
fund,  as  contingent  expenses  of  the  Police  Department,  upon  order? 
.signed  by  the  Chief  of  Police,  such  amounts  as  may  be  required. 

Control    Over    Pawnshops,    Peddlers,    Etc. 

Sec.  7.  The  Chief  of  Police  shall  possess  powers  of  general 
police  inspection,  .supervision  and  control,  over  all  pawnbrokers, 
peddlers,  junk-shop  keepers,  dealers  in  second-hand  merchandise, 
auctioneers  and  intelligence  office  keepers.  All  persons  engaged 
in  said  callings  must  first  procure  permits  from  the  Coinmissioners. 
En  the  exercise  of  such  power  the  Chief  may  by  authority  in  writ- 
ing from  time  to  time  empower  members  of  the  Police  Department, 
when  in  search  of  property  feloniously  obtained  or  in  search  of 


Article  VIII,  Chapter  V,  Police  Department.  131 

suspected  offenders,  or  in  search  of  evidence  to  convict  any  person 
charged  with  crime,  to  examine  the  books  and  the  premises  of  any- 
such  person.  Any  such  member  of  the  Police  Department,  when 
thereunto  empowered  in  writing  ])y  the  Chief  of  Police,  may 
examine  property  alleged  to  have  been  pawned,  pledged,  deposited, 
lost,  strayed  or  stolen. 

CHAPTER  V. 

SUBORDINATE    OFFICERS. 
Police    Department:     Subordinate    Officers. 

Section  1.  Subordinate  ofificers  of  the  Police  Department  shall 
consist  of  Captains,  who  shall  each  receive  an  annual  salary  of 
twenty-four  hundred  dollars;  Lieutenants,  who  shall  each  receive 
an  annual  salary  of  one  thousand  nine  hundred  and  twenty  dol- 
lars; Sergeants,  who  shall  each  receive  an  annual  salary  of  one 
thousand  six  hundred  and  eighty  dollars;  and  Corporals,  who  shall 
each  receive  an  annual  salary  of  one  thousand  five  hundred  and 
sixty  dollars. — ^.9  amended  November  5,  1907 ;  approved  hy  the 
Legislature  Novemher  22,  W07  (Statutes  Special  Session,  1907, 
page  22). 

Captains'    Duties. 

Sec.  2.     There  shall  be  one  Captain  for  each  one  hundred  police 
officers.     The  duties  of  Captains  shall  be  defined  by  the  rules  and 
regulations  of  the  Commissi(mers  and  by  the  orders  of  the  Cliief 
.of  Police. 

Lieutenants'    Duties. 

Sec.  '.\.  Tliere  sjiall  bo  one  Lieutenant  for  every  fifty  police 
officers.  The  duties  of  Lieutenants  shall  be  defined  by  the  rules 
and  regulations  of  the  Commissioners,  by  the  orders  of  tlie  Chief  of 
i'olice,  and  l>y  the  orders  of  their  respective  Captains. 

Sergeants'    Duties. 

Sec.  4.  There  shall  be  as  many  Sergeants  as  in  the  judgment 
of  the  Commissioners  may  be  advisable,  not  to  exceed  one  Sergeant 
for  every  ten  police  officers.  The  duties  of  Sergeants  shall  be 
defined  by  the  rules  and  regulations  of  the  Commissioners,  the 
orders  of  the  Chief  of  Police,  and  tli<!  orders  of  their  respective 
Cajitains  and  Lieutenants. 
Corporals'   Duties. 

Sec.  5.  There  shall  be  as  many  Corporals  as  in  the  .judgment 
of  tlie  ('oriiiiiissioners  may  be  ;idvisal)le.  The  (hities  of  the  ('or- 
jjorals  slijill  he  defined  by  the  rules  and  regid;i1ions  of  the  (Commis- 
sioners, the  ordei's  of  tlie  ('liief  of  Polji-e,  ;ind  llif  (irder.s  of  their 
respective  Captains,  Tjieutenuut.s  and  Sergeants. 
Detectives.     Captains. 

Sec.  i).  The  Chief  of  INdice  may  <h'tail  for  dett'ctive  duties  sucli 
members  of  the  Department  as  he  may  .select,  not  to  exceed  twenty- 


132        Charter  of  the  City  and  County  of  San  Francisco. 

five.  He  shall  designate  a  Captain  of  Police,  to  act  as  Captain 
over  the  officers  so  detailed,  who  shall  receive  an  annual  salary  of 
three  thousand  dollars.  Such  Captain  shall  rank  as  Captain  of 
Detectives,  and  his  duties  shall  be  defined  by  the  Commissioners 
and  by  the  Chief  of  Police.  The  members  so  detailed  shall  be 
known  and  ranked  as  Detective  Sergeants.  Each  of  said  Detec- 
tive Sergeants  shall  receive  an  annual  salary  of  eighteen  hundred 
dollars.  They  may  be  removed  at  any  time  from  such  detail  by 
the  Chief  of  Police.  Their  duties  shall  be  defined  by  the  rules 
and  regulations  of  the  Commissioners,  by  the  orders  of  the  Chief 
of  Police,  and  by  the  orders  of  the  Captain  of  Detectives. 

CHAPTER  VI. 

POLICE    OFFICERS. 
Police    Force:     Number   and    Salaries. 

Section  1.  The  Police  force  of  the  City  and  County  shall  not 
exceed  one  Police  Officer  for  each  five  hundred  inhabitants  thereof. 
Police  Officers  shall  each  receive  an  annual  salary  of  one  thousand 
four  hundred  and  sixty-four  dollars. — As  amended  Novemher  5, 
1907 ;  approved  hy  the  Legislature  November  22,  1907  (Statutes 
Special  Session,  1907,  page  22). 

Property    of    Prisoners. 

Sec.  2.  Every  Police  Officer  shall,  upon  the  arrest  of  any  person 
charged  with  the  commission  of  crime,  search  the  person  of  such 
offender,  and  take  from  him  all  property  and  weapons,  and  forth-. 
Avith  deliver  the  same  to  the  prison-keeper,  who  must  deliver  the 
same  to  the  Property  Clerk,  to  be  by  him  kept  until  other  dispo- 
sition be  made  thereof  according  to  law. 
Ex-Officio    Health    Officers. 

Sec.  3.  Police  Officers  shall  be  health  officers  by  virtue  of  their 
office. 

CHAPTER  VII. 

PROMOTIONS,  SUSPENSIONS,  DISMISSALS  AND  DISRATEMENTS. 
Promotions. 

Section  1.  All  promotions  in  the  Department  shall  be  from  the 
next  lowest  rank,  seniority  of  service  and  meritorious  public  service 
being  considered. 

Violation    of    Rules. 

Sec.  2.  Any  member  of  the  Department  guilty  of  any  offense, 
or  violation  of  rules  and  regulations,  shall  be  liable  to  be  punished 
by  reprimand,  or  by  fine  to  be  fixed  by  the  Commissioners,  or  by 
dismissal  from  the  Department;  but  no  fine  shall  ever  be  imposed 
at  any  one  time  for  any  offense  exceeding  one  months'  salary. 
Fair  Trial   Before  Dismissal  or  Punishment. 

Sec.  3.  No  member  of  the  Department  shall  be  subject  to  dis- 
missal for  any  cause,  or  to  punishment  for  any  breach  of  duty  or 


Article  VIII,  Chapter  VIII,  Police  Department.  133 

misconduct  therein,  except  after  a  fair  and  impartial  trial  before 

the  Commissioners  upon  a  verified  complaint  filed  with  the  Board 
setting  forth  specifically  the  acts  complained  of,  and  after  such 
reasonable  notice  by  him  of  the  time  and  place  of  hearing  as  the 
Board  may  by  rule  prescribe.  The  accused  shall  be  entitled  upon 
such  hearing  to  appear  personally  and  by  counsel ;  to  have  a  public 
trial ;  and  to  secure  and  enforce  free  of  expense  to  him  the  attend- 
ance of  all  \vitnesses  necessary  for  his  defense. 

CHAPTER  VIII. 

UNCLAIMED    AND    STOLEN    PROPERTY. 
Lost,   Stolen   or   Unclaimed    Property. 

Section  1.  All  property  or  money  taken  under  suspicion  of 
havinor  been  stolen  or  feloniously  obtained,  the  result  of  crime  or 
constituting  the  proceeds  of  crime,  and  all  property  or  money 
taken  from  intoxicated  or  insane  persons,  or  other  persons  incapable 
of  takine  care  of  themselves,  or  property  or  money  lost  or  aban- 
doned that  may  in  any  way  come  into  the  possession  or  custody 
of  any  member  of  the  Department,  or  of  any  Criminal  Court  or 
•Tudere  of  the  City  and  County,  shall  be  delivered  to  the  Property 
Clerk,  who  shall  enter  in  a  Record  Book,  to  be  kept  by  him  for  that 
purpose,  a  full  and  explicit  description  of  the  same,  together  with 
the  name  of  the  person  or  persons  from  whom  received,  the  names 
of  any  claimants  thereto,  the  time  of  the  seizure  and  the  final  dispo- 
sition thereof. 
Property   of   Innocent    Persons   to    Be    Returned, 

Sec.  2.  When  propertv  or  money  taken  from  any  person 
arrested,  or  otberwise  under  suspicion  of  havinir  been  feloniously 
obtained,  or  of  bein?  the  proceeds  of  crime,  is  brought  with  the 
claimant  thereof  and  the  person  arrested  before  a  Court  for  exami- 
nation and  adiudication,  and  the  Court  shall  adindcre  that  the 
person  arrested  is  innocent  of  the  offense  alleced,  and  that  tbe 
property  or  monev  belonsrs  to  him,  it  shall  order  such  propertv 
or  money  returned  to  the  accused,  and  the  Property  Clerk  shall 
thereupon  deliver  such  propertv  or  money  to  him  personally,  but 
not  to  bis  attorney  or  acrent.  Tf  upon  snch  bearincr  tbe  accused 
shall  be  held  for  trial  or  examination,  such  property  or  money 
shall  remain  in  the  custody  of  the  Property  Clerk  until  the  dis- 
charge (ir  conviction  of  the  person  accused. 
Unclaimed   Property  to   Be   Sold,  When. 

Sec.  ?,.  All  unclaimed  propertv  ;iiid  money  tliat  h;is  been  in 
the  custody  of  the  Proy)erty  Clerk  for  one  year  sliall  be  sold  at 
public  jiuction.  Cwith  the  e\ce(ition  oT  firearms  and  other 
deadly  wenpons.  whicli  mn^t  be  destroyed  by  Property  Clerk), 
after  having  Iieeii  fi\-e  times  advertised  in  the  official 
newspaper;  and  the  ])roeeeds  of  such  sale  shall  be  paid  into  the 
treasury  to  the  credit  of  the  Police  belief  and  T'ension  Fund.  In 
no  case  shall  such  property  he  sold  or  disposed  of  until  the  necessity 
for  the  use  thereof  ;is  evidetii-e  has  ceased.     The  proceeds  of  prop 


134        Charter  of  the  City  and  County  of  San  Francisco. 

erty  taken  from  insane  persons  shall  not  become  part  of  such  Fund 
until  after  the  expiration  of  three  years  from  the  time  the  same  is 
paid  into  the  treasury,  but  the  Commissioners  and  the  Chief  of 
Police  shall,  during  such  period,  make  diligent  inquiry  to  ascertain 
the  person  or  persons  to  whom  the  same  should  by  right  be  payable. 
— As  a7)ieuded  March  16,  1915;  approved  by  the  Legislature  April 
1,  1915  {Statutes,  1915). 
Property  as   Evidence  in  Court. 

Sec.  4.  If  any  property  or  money  in  the  custody  of  the  Prop- 
erty Clerk  be  required  as  evidence  in  any  Court,  it  shall  be  deliv- 
ered to  any  officer  who  shall  present  an  order  in  writing  to  that 
effect  from  such  Court,  and  the  Clerks  of  such  Court  shall  be 
responsible  for  the  safe  delivery  of  such  property  or  money  to  the 
Property  Clerk. 
Duty   of   Property   Clerk. 

Sec.  5.  All  valuables  and  money  in  the  custody  of  the  Property 
Clerk  shall  be  deposited  by  him,  for  safe  keeping,  wnth  the  Treas- 
urer, in  such  manner  and  subject  to  such  rules  and  regulations  as 
may  be  prescribed  by  the  Board. 

CHAPTER  IX. 

PRESENT    POLICE    FORCE. 
Constitution    of   the    Force. 

Section  1.  All  members  of  the  present  Police  Force  in  good 
standing  in  the  Department  at  the  time  this  Charter  goes  into 
effect,  and  the  Park  Police,  shall  continue  therein  without  Civil 
Servnce  examination ;  but  all  new  appointments  and  all  promotions 
made  after  this  Charter  shall  go  into  effect  shall  be  subject  to  and 
governed  by  Article  XIII  of  this  Charter. 

CHAPTER  X. 

POLICE    RELIEF    AND    PENSION    FUND. 
Pension    Fund.     Board    of    Trustees. 

Section  1.  In  order  to  continue  in  force  and  make  effectual 
pensions  already  existing  in  favor  of  the  Police  Force,  a  Fund  is 
hereby  created  to  be  kno^^oi  and  designated  as  the  Police  Relief  and 
Pension  Fund.  The  Board  of  Police  Commissioners  and  its  suc- 
cessors in  office  shall  constitute  a  Board  of  Trustees  of  said  Fund. 

Qualifications    Requisite   to    Pensioners.     Monthly    Pension. 

Sec.  2.  The  Board  of  Police  Commissioners  may,  by  a  unani- 
mous vote,  retire  and  relieve  from  service  any  aged,  infirm  or 
disabled  member  of  the  Department  who  has  arrived  at  the  age 
of  sixty-five  years,  and  who,  upon  an  examination  by  two  regularly 
certified  practicing  physicians  appointed  by  the  Commissioners  for 
that  purpose,  may  be  ascertained  to  be  by  reason  of  such  age, 
infirmity  or  other  disability,  unfit  for  the  performance  of  his 
duties.  Such  retired  member  shall  receive  from  the  Police  Relief 
and  Pension  Fund  a  monthly  pension  equal  to  one-half  of  the 


Article  VIII,  Chapter  X,  Police  Department.  135 

amount  of  the  salary  attached  to  the  rank  held  by  him  three  years 
prior  to  the  date  of  his  retirement.  No  such  pension  shall  be  paid 
unless  such  person  has  been  an  active  member  of  the  Department 
for  twenty  years  continuously  next  preceding  his  retirement,  and 
the  same  shall  cease  at  his  death. 

Physical    Disabilities.     Annual    Pension. 

Sec.  3.  Any  member  of  the  Department  who  shall  become 
physically  disabled  by  reason  of  any  bodily  injury  received  in  the 
performance  of  his  duty,  upon  liis  filing  with  the  Commissioners 
a  verified  petition  setting  forth  the  facts  constituting  such  disa- 
bility and  the  cause  thereof,  accompanied  by  a  certificate  signed 
by  the  Chief  of  Police,  the  Captain  of  the  Company  to  which  he 
belongs,  and  by  two  regularly  certificated  physicians  of  the  City 
and  County  recommending  his  retirement  upon  a  pension  on 
account  of  such  disability,  may  be  retired  from  the  Department 
upon  an  annual  pension  equal  to  one-half  the  amount  of  salary 
attached  to  the  rank  which  he  may  have  held  three  years  prior 
to  the  date  of  such  retirement,  to  be  paid  to  him  during  his  life 
and  to  cease  at  his  death.  In  case  his  disability  shall  cease  his 
pension  shall  cease,  and  he  shall  be  restored  to  the  service  in  the 
rank  he  occupied  at  the  time  of  his  retirement. 

Family  of  IVlember  Killed  in  Service:  Monthly  Pension  to  Widow,  Chil- 
dren   and    Parents. 

Sec.  4.  The  Commissioners  shall,  out  of  the  Police  Relief  and 
Pen.sion  Fund,  provide  as  follows  for  the  family  of  any  officer, 
member  or  employee  of  theDepartment  who  may  be  killed  or  injured 
while  in  the  performance  of  his  duty,  and  who  shall  have  died 
witliin  one  year  from  the  date  of  such  injury;  and  the  receipt  by 
such  officer,  member  or  employee  of  any  relief  under  this  Chapter, 
during  his  life  time  shall  not  bar  the  said  family  from  the  benefits 
of  this  section. 

First — Should  the  decedent  be  married,  his  widow  shall  as  long 
as  she  may  remain  unmarried  be  paid  a  monthly  pension  equal 
to  one  half  of  the  salary  attached  to  the  rank  held  by  the  decedent 
at  the  time  of  his  death. 

Hecond — Should  the  decedent  leave  no  widow,  but  leave  an 
orphan  child  or  children  under  the  age  of  sixteen  years,  such  chil- 
dren shall  colh'ctively  receive  a  pension  ecpial  to  one  half  the  salary 
attached  to  the  po.sition  hehl  by  their  father  at  the  time  of  his  death 
until  the  youngest  attains  the  age  of  sixteen  years. 

'riiird — Should  the  decedent  leave  no  widow  and  no  orphan 
child  or  cliihlren,  but  leave  a  parent  or  parents  depending  .solely 
upon  him  for  support,  such  parents,  so  depending,  shall  coHectively 
receive  a  pension  e(|ual  to  one  half  the  salary  atlaelied  to  the 
position  held  by  the  decedent  at  the  time  of  his  death,  during  such 
time  as  the  (Commissioners  may  unanimously  deterniine  its  necessity. 
— An  amended  December  10,  1912;  approml  h\i  (he  Lefjlshiture 
March  28,  1913  (Statutes,  1913,  page  1602). 


136        Charter  of  the  City  and  County  of  San  Francisco. 

Forfeiture  of   Pensions. 

Sec.  5.  Any  person  receivinj?  a  pension  as  aforesaid  from  the 
Police  Relief  and  Pension  Fund,  who  sliall  be  convicted  of  felony, 
shall  become  dissipated,  an  habitual  drunkard,  or  shall  become  a 
non-resident  of  this  State,  shall   forfeit   all   right  to  said  pension. 

Death  After  Ten  Years'  Service. 

See.  6.  When  any  member  of  the  Department  shall,  after  ten 
years'  service,  die  from  natural  causes,  then  his  widow,  and  if 
there  be  no  widow,  then  his  children,  or  if  there  be  no  widow  or 
children,  then  his  mother,  if  dependent  upon  him  for  support,  shall 
be  entitled  to  a  sum  equal  to  the  amount  retained  by  the  Treasurer 
from  the  pay  of  such  deceased  member  and  paid  into  the  Relief 
and  Pension  Fund;  but  the  provisions  of  this  section  shall  not 
apply  to  any  member  of  the  Department  who  shall  have  received 
any  pension  under  the  terms  of  this  Chapter. 
Rules   and    Regulations. 

Sec.  7.  The  Commissioners  shall  make  rules  and  regulations  to 
carry  out  the  provisions  of  this  Chapter  and  to  enforce  compliance 
therewith  on  the  part  of  the  members  of  the  Department.  It  shall 
make  up  an  estimate  every  year  of  the  amount  required  to  pay  all 
demands  on  the  Police  Relief  and  Pension  Fund  for  the  succeeding 
fiscal  year,  and  certify  the  same  to  the  Supervisors  in  connection 
with  and  as  a  part  of  the  annual  appropriation  for  the  Police 
Department. 
Rewards    for    Heroic    Conduct. 

Sec.  8.  The  Commissioners  may,  on  notice  to  the  Chief  of 
Police,  reward  any  member  of  the  Department  for  conduct  which 
is  heroic  or  meritorious.  The  form  or  the  amount  of  such  reward 
shall  be  discretionary  wdth  the  Board;  but  it  shall  not  exceed  in 
any  one  instance  one  month's  salary. 

Meetings.     Record  of  Proceedings.     List  of  Pensioners. 

Sec.  9.  The  Board  of  Police  Pension  Fund  Commissioners  shall 
hold  quarterly  meetings  on  the  first  IMondays  of  April,  July,  Octo- 
ber and  January  of  each  year,  and  upon  the  call  of  its  President. 
It  shall  issue  warrants,  signed  by  its  President  and  Secretary,  to 
the  persons  entitled  thereto,  for  the  amount  of  money  ordered 
paid  to  such  persons  from  the  Relief  and  Pension  Fund.  Each 
warrant  shall  state  for  what  purpose  the  payment  is  made. 

The  Board  of  Police  Pension  Fund  Commissioners  shall  keep  a 
public  record  of  its  proceedings.  It  shall  at  each  quarterly  meet- 
ing send  to  the  Treasurer  and  to  the  Auditor  a  written  or  printed 
list  of  all  persons  entitled  to  payment  from  the  Relief  and  Pension 
Fund,  stating  the  amounts  of  such  payments,  and  for  what  granted. 
Such  list  shall  be  certified  and  signed  by  the  President  and  Secre- 
tary of  the  Board.  The  Auditor  shall  thereupon  enter  a  copy  of 
such  list  upon  a  book  to  be  kept  for  that  purpose,  which  shall  be 
known  as  The  Police  Relief  and  Pension  Fund  Book.     All  war- 


Article  VIII,  CJiapter  X,  Police  Department.  137 

rants  signed  by  the  President  and  Secretary  of  the  Board  shall 
be  presented  to  the  Auditor,  and  be  audited  and  ordered  paid  by 
him  out  of  said  Fund. 
Powers  of   Board.    Secretary. 

Sec.  10.  The  Board  of  Police  Pension  Fund  Commissioners 
shall  possess  the  powers  vested  in  the  Board  of  Police  Commis- 
sioners to  make  rules  and  regulations  for  its  guidance.  It  may 
appoint  a  Secretary,  and  provide  for  the  payment  from  said  Fund 
of  all  its  necessary  expenses,  not  exceeding  fifty  dollars  for  any 
one  month,  including  the  salary  of  the  Secretary  and  printing. 
No  compensation  shall  be  paid  to  any  member  of  the  Board  for 
any  duty  required  or  performed  as  Police  Relief  and  Pension  Fund 
Commissioner. 

Sources    of    Revenue. 

Sec.  11.  The  Supervisors  shall  annually,  when  the  tax  levy  is 
made,  direct  the  payment  into  the  aforesaid  Fund  of  the  following 
moneys : 

1.  Not  less  than  five  nor  more  than  ten  per  centum  of  all 
moneys  collected  and  received  from  licenses  for  the  keeping  of 
places  where  spirituous,  malt  or  other  intoxicating  liquors  are  sold. 

2.  One-half  of  all  moneys  received  from  taxes  or  from  licenses 
upon  dogs. 

3.  All  moneys  received  from  fines  imposed  upon  members  of  the 
Police  Department  for  violation  of  law  or  the  rules  or  regulations 
thereof. 

4.  All  proceeds  of  sales  of  unclaimed  property. 

5.  Not  less  than  one-fourth  nor  more  than  one-half  of  all  moneys 
received  from  licenses  from  pawnbrokers,  billiard  hall  keepers, 
dealers  in  second-hand  merchandise,  and  from  junk  stores. 

6.  All  moneys  received  from  fines  for  carrying  concealed 
weapons. 

7.  Twenty-five  per  centum  of  all  fines  collected  in  jiioney  for 
violation  of  any  ordinance. 

8.  All  rewards  to  members  of  the  Police  Department,  except 
such  as  shall  be  excepted  by  the  Commissioners. 

9.  The  Treasurer  shall  retain  from  the  pay  of  each  member  of 
the  Police  Force  two  dollars  a  month,  which  shall  be  forthwith  paid 
into  the  Police  Relief  and  Pension  Fund.  No  other  or  further 
retention  or  reduction  shall  be  made  from  such  pay  for  any  other 
fund  or  purpose  unless  the  .same  is  herein  authorized. 
Policemen   on   Special    Detail. 

Sec.  12.  When  a  re(jnest  is  made  for  rcguhir  policemen  to  be 
detailed  at  any  place  of  amusement  or  entertainment,  l)all,  party, 
or  picnic,  the  r>arty  or  person  making  such  rec|uest  shall  first  deposit 
two  dollars  and  fifty  cents  for  each  man  so  detailed  Avith  the  Prop- 
erty Clerk  of  tlu;  Departnii^nt,  who  shall  give  him  a  re<'eipt  for  the 
same,  and  such  sum  shall  be  at  oix-e  paid  into  the  li-e;isury  1o  the 
credit  of  the  I'olice  Relief  and  Pension  Fund. 


13S         Charter  of  the  City  and  County  of  San  Francisco. 

Auditor's    Report    on    Pension    Fund.      Surplus. 

See.  13.  On  the  last  day  of  June  of  eaeh  year,  or  as  soon  there- 
after as  praetieable.  the  Autlit(»r  shall  make  a  report  to  the  Super- 
visors of  all  moneys  paid  out  of  sucli  Fund  during  the  previous 
year,  and  of  the  amount  then  to  the  eredit  of  such  Fund.  The 
surplus  then  remaininjr  in  sueh  Fund  exeeeding  the  average  annual 
amount  paid  out  of  sueh  Fund  during  the  three  years  next  preced- 
ing shall  ])e  transferred  to  and  become  a  part  of  the  Surplus  Fund, 
and  shall  be  no  longer  under  the  control  of  the  Board  or  subject 
to  its  order.  Payments  provided  for  in  this  Chapter  shall  be  made 
quarterly  upon  proper  vouchers.  When  in  any  one  year  a  deficiency 
shall  exist  in  such  Fund,  such  deficiency  shall  be  provided  for  and 
made  good  by  the  Supervisors  in  their  next  ensuing  tax  levy. 


Article  IX,  Chapter  I,  Fire  Department.  139 

ARTICLE  IX. 

FIRE  DEPARTMENT. 
CHAPTER  I. 

ORGANIZATION    AND    POWERS. 
Board  of  Four  Commissioners.    Appointed  by   Mayor.    Salary. 

Section  1.  The  Fire  Department  shall  be  under  the  manage- 
ment of  a  Board  of  Fire  Commissioners,  consisting  of  four  mem- 
bers, who  shall  be  appointed  by  the  ]\Iayor,  and  each  of  whom 
shall  receive  an  annual  salary  of  twelve  hundred  dollars.  No 
person  shall  be  appointed  a  Fire  Commissioner  who  shall  not  have 
been  an  elector  of  the  City  and  County  for  at  least  five  years  next 
preceding  his  appointment. 

Political    Affiiiatkons.     Term. 

Sec.  2.  The  Board  shall  never  be  so  constituted  as  to  consist 
of  more  than  two  members  of  the  same  political  party.  The  term 
of  office  of  the  Commissioners  shall  be  four  years.  Those  first 
appointed  shall  so  classify  themselves  by  lot  that  they  shall  respec- 
tively go  out  of  office  at  the  expiration  of  one,  two,  three  and  four 
years. 

Successors   in  Office. 

Sec.  3.  The  Commissioners  shall  be  successors  in  office  of  the 
Fire  Commissioners  holding  office  in  the  City  and  County  at  the 
time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  or  law  of  this  State. 

Organization.     President.    Secretary.    Salary.     Meetings. 

Sec.  4.  The  Commissioners  shall  organize  by  electing  one  of 
their  number  President,  who  shall  hold  office  for  one  year.  The 
Board  may  appoint  a  Secretary  who  shall  perform  such  duties  as 
the  Board  may  prescribe.  He  shall  receive  an  annual  salary  of 
twenty-four  hundred  dollars.  The  Board  shall  meet  at  least  once 
a  week,  and  as  often  as  the  business  of  the  Department  may  require, 
and  all  its  meetings  shall  be  public. 

Powers  of   Board. 

Sec.  5.  The  Board  sliall  organize  tlic  Department,  create  and 
establisli  such  fire  companies  as  it  may  deem  neces.sary,  prescribe 
the  number  and  duties  of  the  officers,  members  and  emph)yocs  of  the 
Department,  and  the  uniforms  and  badges  to  be  worn  by  them; 
have  control  of  all  the  property  and  etpiipmcnts  of  llie  Depart- 
ment, and  exercise  full  power  and  authority  over  all  ;ii)|>r()pria- 
tions  made  for  the  use  of  the  Department. 

Qualifications   of    Firemen,    Mechanics   and    Other*. 

Sec.  6.  All  persons  appointed  to  positions  in  the  Department 
mu.st  at  the  time  of  their  appointment  be  citizens  of  tlic  United 
States,  not  less  than  twenty-one  nor  more  than  thirty-five  years 


140         Charter  of  the  City  and  County  of  San  Francisco. 

of  agre,  of  ^ood  character  fdr  lumosty  and  sol)riety,  and  able  to 
read  and  write  Encrlisli ;  they  must  have  been  residents  of  the 
City  and  County  at  least  five  years  next  preceding  the  date  of  their 
appointment;  tliey  must  pass  a  medical  examination  under  such 
rules  and  regulations  as  may  be  prescribed  by  tlie  Commissioners, 
and  must,  upon  such  examination,  be  found  in  sound  bodily  health ; 
provided,  however,  that  the  age  limit  herein  prescribed  shall  not 
apply  to  engineers  and  pilots  of  fireboats,  to  engineers,  mechanics 
and  employees  of  the  auxiliary  fire  system  or  of  the  corporation 
yard,  or  to  clerks  in  the  office  of  the  Commission;  but  the  age  of 
such  persons  in  this  proviso  named  shall,  at  the  time  of  their 
appointment,  be  not  less  than  twenty-one  nor  more  than  fifty-five 
years;  and,  provided  further,  that  employees  and  appointees  in 
this  proviso  named  shall  not  be  subject  to  nor  derive  any  benefit 
from  the  provisions  of  Chapter  VII  of  this  Article  relating  to 
Firemen's  Relief  Fund. — As  amended  November  15,  1910;  ap- 
proved hy  the  Legislature,  February  17,  1911  (Statutes,  1911,  page 
1661). 

Trial    Before    Dismissal. 

Sec.  7.  No  officer,  member  or  employee  of  the  Department  shall 
be  appointed,  transferred  or  removed  because  of  his  political 
opinions,  nor  shall  he  be  transferred  or  dismissed  except  for  cause, 
nor  until  after  a  trial  before  the  Commissioners. 

Powers  and   Duties  of  Commissioners. 

Sec.  8.  The  Commissioners  shall  see  that  the  officers,  members 
and  employees  of  the  Department  faithfully  discharge  their  duties, 
and  that  the  laws,  ordinances  and  regulations  pertaining  to  the 
Department  are  carried  into  effect.  The  Board  shall  make  such 
rules  and  regulations  as  may  be  necessary  to  secure  discipline  and 
efficiency  in  the  Department,  and  for  any  violation  of  such  rules 
and  regulations  may  impose  reasonable  fines  upon  the  officers, 
members  and  employees  of  the  Department,  or  may  suspend  any 
of  them  for  such  reasonable  time  as  the  Board  may  by  rule  pre- 
scribe. Such  fines  shall  be  deducted  from  the  monthly  warrants 
of  the  officers,  members  and  employees  upon  whom  they  are  im- 
posed, and  shall  be  transferred  by  the  Treasurer  to  the  Firemen's 
Relief  and  Pension  Fund. 

Duties    of   Clerk    and    Commissary. 

Sec.  9.  The  Clerk  and  Commissary  of  the  Fire  Department 
Corporation  Yards  shall  not  deliver  any  supplies  or  stores  of  the 
Fire  Department  except  upon  an  order  signed  by  the  Chief  Engi- 
neer and  the  Secretary  of  the  Commissioners;  but  during  a  confla- 
gration, such  material  or  apparatus  as  may  be  required  for  the 
purpose  of  extinguishing  such  conflagration  may  be  withdrawn 
from  said  Corporation  Yards  by  order  of  the  Chief  Engineer,  or 
by  any  officer  in  charge  of  the  force  of  the  Department  at  such 
conflagration. 


Article  IX,  Chapter  II,  Fire  Department.  141 

No    other    Employment. 

Sec.  10.  No  member  or  employee  of  tlie  Fire  Department  shall 
be  engaged  in  any  other  emplojonent. 

CHAPTER  II. 

DUTIES  OF  THE  COMMISSIONERS. 
Reorganization    of    the    Department. 

Section  1.  The  Board  of  Fire  Commissioners  shall  immedi- 
ately after  their  appointment  and  qualification  proceed  to  reor- 
ganize the  Fire  Department  in  conformity  with  the  provisions  of 
this  Charter.  In  so  doing  the  Board  shall  make  its  appointments 
of  officers  and  members  from  the  persons  constituting  the  force  in 
the  service  of  the  Fire  Department  at  the  time  this  Charter  goes 
into  effect.  Such  officers  and  members  shall  not  be  required  to 
pass  any  Civil  Service  examination.  All  future  appointments  and 
promotions  shall  be  made  subject  to  the  provisions  of  Article  XIII 
of  this  Charter.  If  any  reduction  is  made  in  the  force  of  the 
Department,  the  Commissioners  may  temporarily  discharge  those 
persons  whose  discharge  shall  be  most  conducive  to  the  efficient 
reorganization  of  the  Department;  but  in  case  of  a  subsequent 
increase  of  the  force,  those  temporarily  discharged  shall  be  reap- 
pointed without  Civil  Service  examination  and  assigned  to  the 
same  rank  in  which  they  were  at  the  time  of  their  discharge. 
Fair   Public   Trial    Before    Dismissal. 

Sec.  2.  No  officer,  member  or  employee  of  the  Department  shall 
be  dismissed  or  transferred  except  for  cause,  nor  until  after  a 
trial.  The  accused  shall  be  furnished  with  a  written  copy  of  the 
charges  against  him  at  least  three  days  previous  to  the  day  of  trial. 
He  shall  have  the  right  to  appear  in  person  and  by  counsel  and 
examine  witnesses  in  his  behalf.  All  witnesses  shall  be  examined 
under  oath,  and  all  trials  shall  be  public. 

Salary    During    Disability. 

Sec.  3.  When  any  officer,  member  or  employee  of  the  Depart- 
ment shall  become  temporarily  disabled  by  reason  of  injuries 
received  while  in  tlie  actual  performance  of  his  duty  therein  so  as 
to  incapacitate  him  frf)m  performing  his  duty,  the  Commissioners 
shall  allow  his  salary  during  the  continiiMiicc  of  sutih  temporary 
disability. 

Performance   of   Contracts. 

Sec.  4.  The  (Jomnii.ssioners  shall  see  th;it  all  contracts  awarded 
and  work  done  for  the  Department  arc  faithfully  performed,  and 
.shall,  upon  the  awarding  of  any  such  contract,  exact  an  adequate 
bond  for  the  prompt  and  faithful  performance  of  the  same. 

The  provisions  of  Article  II,  Chapter  Til,  of  this  Charter  in 
regard  to  the  advertising  for  proposals,  the  affidavit  and  security 
accompanying   the   .same,    the   presentation    and   opening   of   pro- 


142         Charter  of  ihe  City  and  County  of  San  Francisco. 

posjals.  the  awarding  of  eoutracts  and  the  security  for  the  perform- 
ance tliorcof.  shall,  so  far  as  the  same  can  be  made  applicable, 
apply  to  all  i)r(iposals  and  contracts  made,  awarded  or  entered 
into  f(»r  furnishing  supplies  to  the  Fire  Department.  Any  con- 
tract made  in  violation  of  any  of  the  provisions  of  this  Chapter 
sliall  be  void. 

CHAPTER  III. 

THE    CHIEF    ENGINEER. 
Duties  of  Chief   Engineer  and    Assistants. 

Section  1.  The  Board  of  Fire  Commissioners  shall  appoint  a 
Chief  Engineer,  who  shall  be  charged  with  the  special  duty  of 
superintending  the  extinguishment  of  fires.  The  Chief  Engineer 
shall  be  the  chief  executive  officer  of  the  Fire  Department,  and 
it  shall  be  his  duty  and  that  of  the  Assistant  Chief  Engineers  and 
of  the  Battalion  Chiefs  to  see  that  all  laws,  orders,  rules  and  regula- 
tions in  force  in  the  City  or  County,  or  made  by  the  Commission- 
ers concerning  the  Fire  Department,  are  enforced. 

Powers   and    Duties   of  Chief   Engineer. 

Sec.  2.  The  Chief  Engineer  may  suspend  any  subordinate 
officer,  member,  or  employee  of  the  Department  for  incompetency, 
or  for  any  violation  of  the  rules  and  regulations  of  the  Fire 
Department,  and  shall  forthwith  report  in  w'riting  such  suspension, 
with  his  reasons  therefor,  to  the  Commissioners  for  their  action. 
He  shall  diligently  observe  the  condition  of  the  apparatus  and 
workings  of  the  Department  and  report  in  writing  thereon  at 
least  once  a  month  to  the  Board  and  make  such  recommendations 
and  suggestions  respecting  the  same  as  he  may  deem  proper.  In 
the  absence  or  inability  of  the  Chief  Engineer,  an  Assistant  Chief 
Engineer  shall  perform  his  duties. 
Destruction    of    Buildings. 

Sec.  3.  The  Chief  Engineer,  or,  in  his  absence,  the  Assistant 
Chief  Engineers,  or,  in  their  absence,  any  Battalion  Chief  in  charge, 
may,  during  a  conflagration,  cause  to  be  cut  down  or  otherwise 
removed  any  buildings  or  structures  for  the  purpose  of  checking 
the  progress  of  such  conflagration. 
Chiefs'  Operators. 

Sec.  4.  The  Chief  Engineer  may  detail  for  duty  as  Chiefs' 
Operators  such  members  of  the  Department  as  he  may  select,  not 
to  exceed  one  such  Operator  for  each  Chief,  Assistant  Chief  and 
Battalion  Chief.  The  members  so  detailed  shall  be  knowTi  and 
ranked  as  CJiiefs'  Operators.  Each  of  said  Chiefs'  Operators  shall 
receive  an  annual  salary  of  fifteen  hundred  dollars.  They  may  be 
removed  from  such  detail  at  any  time,  by  the  Chief  Engineer. — 
Section  added  by  amendment  November  5,  1907 ;  approved  by  the 
Legislature  November  22,  1907  (Statutes  Special  Session,  1907, 
page  22).  .....  -^ 


Article  IX,  Chapter  V,  Fire  Department.  143 

CHAPTER  IV. 

FIRE     COMPANIES. 
Fire    Companies,    of    Whom    Composed. 

Section  1.  Each  Steam  Fire  Engine  Company  shall  be  com- 
posed of  not  more  than  one  Captain,  (me  Lieutenant,  one  Engi- 
neer, one  Driver,  one  Stoker  and  Six  Hosemen. 

Each  Hook  and  Laddei-  Company  shall  l)e  coiupitscd  of  not  more 
than  one  Captain,  one  Lieutenant,  one  Di-ivcr,  one  'rillei-nuni  and 
eight  Truckmen. 

Each  Chemical  Engine  Company  shall  be  composed  of  not  more 
than  one  Captain,  one  Lieutenant,  one  Driver  and  one  Hoseman. 

Each  Water  Tower  Company  shall  be  composed  of  not  more 
than  one  Captain,  one  Lieutenant,  one  Driver,  and  one  Hoseman. 

Each  Fire  Boat  Company  shall  be  composed  of  not  more  than 
one  Captain,  one  Lieutenant,  two  Pilots,  two  Engineers,  three 
Firemen  and  twelve  Hosemen. — a\s  amended  November  5.  1907 ; 
approved  by  the  Legislature  November  22,  1907  (Statutes  Special 
Session,  1907,  page  22). 

CHAPTER  V. 

FIRE     MARSHAL. 
Marshal    and    Assistant. 

Section  1.  The  Board  of  Fire  Commissiimers,  on  the  written 
recommendation  of  the  Board  of  Directors  of  the  corporation 
known  as  the  Underwriters'  Fire  Patrol  of  San  Francisco,  may 
appoint  such  persons  as  may  l)e  recommended  by  said  Board  of 
Directors  as  Fire  Marshal  and  Assistant  Fire  Marshal.  Vacancies 
occurring  in  the  office  of  Fire  ]\Iarshal  or  Assistant  Fire  Marshal 
shall  he  filled  in  the  same  manner.  The  salaries  of  said  Fii-e  Mar- 
shal and  of  his  assistant  and  deputies  shall  be  fixed  and  paid  l)y 
said  lioard  of  Directors  of  said  Underwriters'  Fire  Patrol  of  San 
Francisco,  and  in  no  event  shall  the  (^ity  and  County  he  liable 
therefor  or  for  any  part  thereof. 
Duties. 

Sec.  2.     The    Fire    .Mai-sluil,    or,    in    case    of    his    disability,    the 
Assistant  Fire  Marshal,  shall  attend  all   fires  which  may  occur  in 
the  ^"it.y  and  ('ounty,  and   he  shall   take  chai'ge  of  and   pfdtecl   all 
propei'ty  which  may  be  imperiled  Ihereby. 
Powers. 

Se(;.  ;{.  The  Fii'c  .Marshal  may  call  upon  policemen  during  the 
time  of  any  tire  I'or  the  purpose  of  |)ro1ecting  properly  until  the 
arrival  of  the  owner  or  claimant  thereof,  and  in  case  the  owner 
or  i'laimant  of  such  ju-operty  does  not  take  chai'ge  of  the  same 
within  twenty  four  Imurs  the  Kiir  Mar'shal  may  have  such  prop- 
ei-ty  stored  a!   tlii-  uuiii-rs  (ir  (■biinuKil   s  cxpetise. 

Powers    and    Duties    of    Fire    Marshal. 

Sec.  4.  The  Fire  .Marslial  shall  be  charged  with  the  enforce- 
ment of  all  laws  and  ordinances  relating  to  the  stoi-age,  sale  and 


144         Charier  of  the  City  and  County  of  San  Francisco. 

use  of  oils,  combustible  materials  and  explosives,  together  witli 
the  investigation  of  the  cause  of  all  fires.  In  all  cases  where  there 
is  reason  to  believe  that  fires  are  the  result  of  crime  or  that  crime 
has  been  committed  in  connection  therewith,  the  Fire  Marshal 
must  report  the  same  in  writing  to  the  District  Attorney.  The 
Fire  ^Marshal  shall  also  have  the  care  of,  and  may  sell,  subject  to 
the  orders  of  the  Board  of  Fire  Commissioners,  all  property  saved 
from  fire  for  wliich  no  owner  can  be  found,  and  at  once  pay  the 
amount  realized  from  any  such  sale  into  the  treasury.  He  shall 
exercise  the  functions  of  a  police  officer. 
Deputies. 

See.  5.  The  Fire  ^Marshal  sliall  have  power  to  appoint  deputies 
for  inspecting  buildings,  but  such  deputies  shall  receive  no  com- 
pensation for  their  services  from  the  City  and  County. 

CHAPTER  VI. 

FIRE    WARDEN. 
Wardens.    Safety  of   Buildings. 

Section  1.  The  Chief  P]ngineer,  Assistant  Chief  Engineers, 
Battalion  Chiefs  and  the  Fire  Marshal  shall  constitute  a  Board 
of  Fire  Wardens,  with  power  to  inspect  and  report  to  the  Board 
of  Public  Works  as  to  the  safety  of  buildings  and  other  structures 
\nthin  the  City  and  County. 

CHAPTER  VII. 

FIREMEN'S    RELIEF    FUND. 
Relief   Fund.     Board   of  Trustees. 

Section  1.  In  order  to  continue  in  force  and  make  effectual 
pensions  already  existing  in  favor  of  firemen,  a  fund  is  hereby 
created  to  be  known  and  designated  as  the  Firemen's  Relief  Fund. 
The  Board  of  Fire  Commissioners  of  the  City  and  County  and  its 
successors  in  office  shall  constitute  a  Board  of  Trustees  of  said 
Fund.  The  Board  hall  be  known  as  the  Board  of  Fire  Pension 
Fund  Commissioners. 

Tax   for    Relief    Fund. 

Sec.  2.  There  shall  be  annually  levied,  collected  and  appor- 
tioned to  the  Firemen's  Relief  Fund  a  tax  sufficient  to  meet  and 
pay  all  demands  upon  said  Fund,  for  the  purposes  set  out  in  this 
Chapter. 

Retiremerrt-     Pensions, 

Sec.  3.  The  Commissioners  shall,  upon  the  application,  duly 
verified,  of  any  officer  or  member  of  the  Fire  Department  who 
.shall  have  served  as  an  active  member  of  the  Fire  Department 
for  twenty-five  years  continuously  next  preceding  the  date  of  said 
application,  or,  of  any  officer  or  member  of  the  Fire  Department 
who  shall  have  reached  the  age  of  fifty-five  years,  and  shall  have 
served  as  an  active  member  of  the  Fire  Department  for  twenty 


Article  IX,  Chapter  VII,  Fire  Department.  145 

years  continuously  next  preceding  the  date  of  said  application, 
retire  and  relieve  from  service  such  officer  or  member;  provided, 
also,  that  the  Conmiissioners  may,  by  a  unanimous  vote,  retire 
and  relieve  from  service  any  aged,  disabled  or  infirm  officer  or 
member  of  the  Fire  Department  who  has  arrived  at  the  age  of 
sixty  years,  and  has  served  as  an  active  member  of  the  Depart- 
ment for  twenty  years  continuously  next  preceding  such  age,  and 
who  upon  examination  by  two  regularly  certificated  practicing 
physicians,  appointed  by  the  Conmiissioners  for  that  purpose,  may 
be  ascertained  to  be  by  reason  of  such  age,  infirmity,  or  other  dis- 
ability, unfit  for  the  performance  of  his  duties.  Such  retired 
officer  or  member  shall  receive  from  the  Firemen's  Relief  Fund 
a  monthly  pension  equal  to  one-half  the  amount  of  the  salary 
attached  to  the  rank  held  by  him  for  three  years  prior  to  the  date 
of  his  retirement,  and  the  same  shall  cease  at  his  death. — As 
amended  November  5,  1907;  approved  by  the  Legislature  Novem- 
ber 22,  1907  (Statutes  Special  Session,  1907,  page  21). 
Physical  Disabilities.    Annual  Pension. 

Sec.  4.  Any  member  of  the  Fire  Department  who  shall  l)ec(>me 
physically  disabled  by  reason  of  any  bodily  injury  received  in  the 
performance  of  his  duty,  upon  his  filing  with  the  Commissioners 
a  verified  petition  setting  forth  the  facts  constituting  such  dis- 
ability and  the  cause  thereof,  accompanied  by  a  certificate  signed 
by  the  Chief  of  the  Fire  Department,  the  Captain  of  the  Company 
to  which  he  belongs,  and  by  two  regularly  certificated  physicians 
of  the  City  and  County,  recommending  his  retirement  upon  a  pen- 
sion on  account  of  such  disability,  may  be  retired  from  the  Depart- 
ment upon  an  annual  pension  equal  to  one-half  the  amount  of 
salary  attached  to  the  rank  which  he  may  have  held  three  years 
prior  to  the  date  of  such  retirement,  to  be  paid  to  him  during  his 
life  and  to  cease  at  his  death.  In  case  his  disability  sliall  cease 
his  pension  shall  cease,  and  he  shall  l)e  restored  to  the  service  in 
the  rank  he  occupied  at  the  time  of  his  retirement. 
Family  of  Member  Killed.    Pension  to  Widow,  Children  and   Parents. 

Sec.  5.  The  Commissioners  sliall,  out  of  the  Firemen's  Ixdicf 
Fund,  provide  as  follows  for  the  family  of  any  officer.  menil>cr  or 
employee  of  the  Fire  Department  who  may  bo  kiUed  or  injured 
while  in  the  performance  of  his  duty,  and  who  shall  have  died 
within  one  year  from  the  date  of  such  injury,  and  the  rccei|)t  by 
such  officer,  member  oi-  eni|)loyee  of  any  relief  under  this  (Chapter, 
during  his  lifetime  shall  not  i)ar  the  said  faniily  from  the  benefits 
of  this  section. 

First — Should  tlu^  dcccdciil  lie  iiiafi-ic<l,  his  widow  shall  as  long 
as  she  may  remain  unmarried  he  |i;iid  u  monthly  pension  ecpial  to 
one-half  of  the  .salary  attached  tn  the  rank  held  by  the  deeedetif  at 
the  time  of  his  death. 

Second — Should  the  decedenl  leave;  no  widow,  hut  lenve  an 
orphan  child  or  children  under  the  age  of  sixteen  years,  such  diil 


]4()         CJuirfrr  of  the  Citii  and  County  of  Sau  Francisco. 

dren  shall  collectively  receive  a  pension  equal  to  one-half  of  the 
salary  attached  to  the  jiosition  held  by  their  father  at  the  time 
(if  ills  death  until  tlio  youngest  attains  the  age  of  sixteen  years. 

Third — Should  the  decedent  leave  no  widow  and  no  orphan 
child  or  chihlren,  hut  leave  a  parent  or  parents  depending  solely 
upon  him  for  support,  such  parents,  so  depending,  shall  collectively 
receive  a  pension  etpuil  to  one-half  of  the  salary  attached  to  the 
position  held  by  the  decedent  at  the  time  of  his  death  during  such 
time  as  the  Conunissioners  may  unanimously  determine  its  neces- 
sity.— As  amended  December  JO,  1912;  approved  by  the  Legislature 
March  28,  1913  (Statutes,  1913,  page  1602). 

Forfeiture    of    Pensions. 

Sec.  6.  Any  person  receiving  a  pension  from  the  Firemen's 
Relief  Fund,  who  shall  be  convicted  of  felony,  or  who  shall  become 
dissipated,  an  habitual  drunkard,  or  who  shall  become  a  non- 
resident of  this  State,  shall  forfeit  all  right  to  said  pension. 

Rules    and    Regulations. 

Sec.  7.  The  Conunissioners  shall  make  rules  and  regulations 
to  carry  out  the  provisions  of  this  Chapter  and  to  enforce  com- 
pliance therewith  on  the  part  of  t4ie  meml)ers  of  the  Department. 
It  shall  make  up  an  estimate  every  year  of  the  amount  required 
to  pay  all  demands  on  the  Firemen's  Relief  Fund  for  the  succeed- 
ing fiscal  year,  and  certify  the  same  to  the  Supervisors  in  connec- 
tion with  and  as  a  part  of  the  annual  appropriation  for  the  Fire 
Department. 

Meetings.     Record    of    Proceedings.      List   of    Pensioners. 

Sec.  8.  The  Board  of  Fire  Pension  Fund  Commissioners  shall 
hold  quarterly  meetings  on  the  first  Mondays  of  April,  July,  Octo- 
ber, and  January  of  each  year,  and  upon  the  call  of  its  President. 
It  shall  issue  warrants  signed  by  its  President  and  Secretary,  to 
the  persons  entitled  thereto,  for  the  amount  of  money  ordered  paid 
to  such  persons  from  the  Firemen's  Relief  Fund.  Each  warrant 
shall  state  for  what  purpose  the  payment  is  made. 

The  Board  of  Fire  Pension  Fund  Commissioners  shall  keep  a 
I)ublic  record  of  its  proceedings.  It  shall  at  each  quarterly  meet- 
ing send  to  the  Treasurer  and  to  the  Auditor  a  written  or  printed 
list  of  all  persons  entitled  to  payment  from  the  Relief  Fund, 
stating  the  amounts  of  such  payiuents  and  for  what  granted.  Such 
list  shall  be  certified  and  signed  l)y  the  President  and  Secretary  of 
the  Board.  The  Auditor  shall  thereupon  enter  a  copy  of  such  list 
upon  a  book  to  be  kept  for  that  purpose,  which  shall  be  known  as 
the  Firemen's  Relief  Fund  Book.  All  warrants  signed  by  the 
President  and  Secretary  of  the  Board  shall  be  presented  to  the 
Auditor,  and  Ix'  audited  and  ordered  paid  by  him  out  of  said  Fund. 

Powers    of    Board.     Secretary. 

Sec.  9.     The  Board  of  Fire  I'ension  Fund  Commissioners  shall 


Article  IX,  Chapter  VIII,  Fire  Department.  147 

possess  tJie  powers  vested  in  the  Board  of  Fire  Commissioners  to 
make  rules  and  regulations  for  its  guidance.  It  may  appoint  a 
Secretary  and  provide  for  the  payment  from  said  Fund  of  all  its 
necessary  expenses,  not  exceeding  fifty  dollars  for  any  one  month, 
including  the  salary  of  the  Secretary  and  printing;  but  no  com 
pensation  shall  be  paid  to  any  member  of  the  Board  for  any  duty 
required  or  performed  as  Fire  Pension  Fund  Commissioner. 

Sec.  10.  All  firemen  who  were  retired  under  the  provisions  of 
the  law  prior  to  January  1,  1900,  shall  be  entitled  to  receive  from 
the  Fund  in  this  Chapter  provided  for,  the  sum  of  forty-five  dollars 
a  month,  from  and  after  July  1,  1911. — Section  added  by  amend- 
ment November  15,  1910;  approved  by  the  Legislature  February 
17, 1911  (Statutes,  1911,  page  1661). 

CHAPTER  VIII. 

SALARIES    AND    VACATIONS. 
Fire    Department.     Salaries. 

Section  1.  The  officers  and  members  of  the  Fire  Department 
shall  receive  annual  salaries  as  follows:  Chief  Engineer,  five 
thousand  dollars;  First  Assistant  Chief  Engineer,  thirty-six  hun- 
dred dollars;  Second  Assistant  Chief  Engineer,  three  thousand 
dollars;  Battalion  Chiefs,  each,  twenty-seven  hundred  dollars; 
Superintendent  of  Engines,  twenty-seven  hundred  dollars;  the 
Clerk  and  Commissary  of  the  Corporation  Yards,  eighteen  hun- 
dred dollars;  Captains,  each,  eighteen  hundred  and  sixty  dollars; 
Lieutenants,  each,  seventeen  hundred  and  ten  dollars;  Engineers, 
each,  sixteen  hundred  and  eighty  dollars;  Drivers,  Stokers,  Tiller- 
men,  Truckmen  and  Ilosemen,  for  the  first  year  of  service, 
each,  twelve  hundred  dollars;  for  the  second  year  of  service,  each, 
thirteen  hundred  and  twenty  dollars;  and  for  the  third  year  of 
service,  and  thereafter,  each  fourteen  hundred  and  forty  dollars: 
Ilydrantmen,  each,  twelve  hundred  dollars;  Supei-intendi'iit  of 
Horses,  eighteen  hundred  and  sixty  dollars;  Draymen,  each, 
twelve  hundred  dollars;  Watchmen,  each,  twelve  hundred  dollars; 
Hostlers,  each,  twelve  hundred  dollars;  Pilots  of  Fire  Boats,  each, 
twenty-one  hundred  dollars;  Engineer  of  I-'"'ire  Boats,  each,  twenty- 
one  hundred  dollars;  Firemen  of  Fire  lioats,  each,  twelve  hundred 
dollars. 

Vacations. 

Sec.  2.  Each  officer  and  menibei-  of  the  Fire  Department  shall 
be  allowed,  during  each  year  of  liis  service,  a  vacation  of  not  less 
than  fifteen  days'  duration,  and  also  leaves  of  al)senc<;  of  not  less 
than  twenty-four  hours'  duration,  not  less  times  than  once  in  each 
week.  Said  vacations  and  leaves  of  absence  to  be  without  loss  of 
pay. — Chapter  amended  November  5,  1907 ;  n}>provcd  by  the  Legis- 
lature November  22,  1907  (Slahtles  Special  Session,  1907,  page  20). 


14S         Charter  of  ihe  City  and  County  of  San  Francisco. 

CHAPTER  IX. 

DEPARTMENT    OF     ELECTRICITY. 

How    Constituted. 

Section  1.  There  is  hereby  created  a  Department  of  Electricity, 
wliich  shall  have  charge  of  the  construction  and  maintenance  of 
the  Fire  Alarm  and  Police  Telegraph  and  Telephone  Systems,  and 
shall  be  under  the  control  of  a  joint  Commission  composed  of  the 
Board  of  Fire  Commissioners  and  the  Board  of  Police  Commis- 
sioners. 
Chief    Electrician.     Salary. 

Sec.  2.  There  shall  be  appointed  by  the  Board  of  Fire  Com- 
missioners and  Board  of  Police  Conmiissiouers,  acting  in  joint 
session,  a  practical  and  skilled  Electrician,  and  who  shall  have 
general  supervision  of  the  Department  of  Electricity.  He  shall 
receive  a  salary  of  three  thousand  dollars  per  annum. 
Employes,    Department    of    Electricity. 

Sec.  3.  The  Joint  Commission  may  appoint  such  assistants  and 
other  employees  as  may  be  necessary  to  efficiently  maintain,  extend 
and  repair  the  Department  of  Electricity  at  all  times.  All  appoint- 
ments shall  be  made  subject  to  the  provisions  of  Article  XIII 
hereof.  The  number  and  compensation  of  all  such  assistants  and 
other  employees  of  the  Department  of  Electricity  shall  be  fixed 
annually  by  the  Supervisors,  but  no  compensation  to  any  of  such 
persons  shall  be  greater  than  is  paid  in  similar  employments.  Any 
person  who,  under  a  classification  of  positions  by  the  Civil  Service 
Commission,  has  been  appointed  in  conformity  with  Article  XIII 
of  this  Charter,  and  who  has  served  the  probation  period  required 
by  said  Article,  is  hereby  declared  appointed  within  the  provisions 
of  the  Article  XIII  to  said  position  so  classified. — As  amended 
November  5,  1907 ;  approved  hy  the  Legislature  November,  23,  1907 
(Statutes  Special  Session,  1907,  page  59). 
Jurisdiction. 

Sec.  4.     The  Fire  Department  and  the  Police  Department  shall 
each  have  sole  control  over  its  own  systems  and  -scares. 
Citizens   May  Connect  With   System. 

Sec.  5.  Any  citizen,  firm  or  corporation  may,  for  the  purpose 
of  police  and  fire  protection,  be  connected  with  the  Police  or  Fire 
Signal  System,  or  Telephone  or  Telegraph  System,  upon  making 
fair  payment  for  the  connection  and  use  of  the  same.  Such  rates 
of  payment  shall  be  fixed  by  ordinance  of  the  Supervisors;  but  no 
connection  shall  be  made  so  as  to  interfere  with  the  use  of  the 
main  line. 
Supervise    Electrical    Wires   and    Appliances. 

See.  6.  The  Department  of  Electricity  is  also  charged  with  the 
duty  of  enforcing  all  the  rules,  regulations,  orders  and  require- 
ments made  by  ordinance  of  the  Supervisors  in  regard  to  the 
inspection  and  supervision  of  electrical  wires  and  appliances,  and 
the  currents  for  furnishing  light,  heat  or  power  in  and  upon  streets 
and  buildings  in  the  City  and  County. 


Article  X,  Department  of  Public  Health.  149 

ARTICLE  X. 
DEPAKTMENT  OF  PUBLIC  HEALTH. 

How  Constituted. 

Section  1.  There  shall  be  a  Department  of  Public  Health  under 
the  management  of  a  Board  of  Health.  The  Board  shall  consist 
of  seven  members,  all  of  whom  shall  be  appointed  by  tlie  -Mayor, 
and  three  only  of  whom  shall  be  physicians.  Said  physicians  shall 
be  regularly  certificated  physicians  of  the  City  and  County  at  the 
time  of  their  appointment,  and  must  have  been  such  for  at  least 
five  years  next  preceding  their  appointment.  The  members  of  the 
Board  shall  serve  without  compensation.  They  shall  elect  one  of 
their  members  President,  and  shall  adopt  such  rules  and  regula- 
tions as  may  be  necessary  for  the  government  of  the  Board. — As 
amended  November  5,  1907 ;  approved  by  the  Legislature  Novem- 
ber 23,  1907.  (Statutes  Special  Session,  1907,  page  58). 

Terms  of  Office  of  Health  Board. 

Sec.  2.  The  appointed  members  of  the  Board,  excepting  those 
first  appointed,  shall  hold  office  for  seven  years.  Those  first  ap- 
pointed under  this  Charter  shall  so  classify  themselves  by  lot  that 
one  of  them  shall  go  out  of  office  at  the  end  of  one  year;  one  at 
the  end  of  two  years;  one  at  the  end  of  three  years;  one  at  the 
end  of  four  years;  one  at  the  end  of  five  years;  one  at  the  end  of 
six  years;  and  one  at  the  end  of  seven  years. 

Within  thirty  days  after  the  ratification  of  this  amendment  by 
the  Legislature  of  the  State  of  California,  the  offices  of  the  then 
incumbent  members  of  the  Board  of  Health  shall  become  vacant, 
and  the  Mayor  shall  thereupon  proceed  to  appoint  a  Board  of 
Health  pursuant  to  the  provisions  of  the  preceding  section. — As 
amended  November  5,  1907;  approved  by  the  Legislature  Novem- 
ber 23,  1907  (Statutes  Special  Session,  1907,  page  59). 

Powers    and    Duties    of    Board. 

Sec.  3.  The  Board  shall  have  the  inanagoiiient  and  control  of 
the  City  and  County  Hospitals,  Almshouses,  Ambulance  Service, 
Municipal  Hospitals,  Receiving  Hospitals,  and  of  all  matters  per- 
taining to  the  preservation,  i)r()motion  and  protection  of  the  lives 
anfl  health  of  the  inhabitants  of  the  City  and  County;  and  it  may 
determine  the  natiii-e  and  character  of  nuisances  and  provide  for 
their  abatement. 

It  shall  have  the  sanitary  supervision  of  the  municipal  institu- 
tions of  the  City  and  County,  including  jails,  schoolhuuses  and  all 
public  buildings;  of  the  disposition  of  the  dead;  of  the  disposition 
of  garbage,  offal  and  other  offensive  substances. 

Except  as  provided  in  Article  II,  Chapter  HI,  of  this  Charter, 
it  shall  have  the  exclusive  control  and  disposition  of  all  expendi- 
tures necessary  in  the  institutions  under  its  iinniediate  control. 


l.'iO         Charter  of  the  Cihf  and  Coioify  of  San  Francisco. 

Enforce   Ordinances   of   Supervisors. 

Seo.  4.  Tho  Btvird  shall  onforco  all  ordinances,  rules  and  regu- 
lations wliicli  may  be  adopted  by  the  Supervisors  for  the  carry- 
ing out  and  enforcement  of  a  good  sanitary  condition  in  the  City 
and  County;  for  the  protection  of  the  public  health;  for  deter- 
mining the  nature  and  character  of  nuisances  and  for  their  abate- 
ment :  and  for  securing  the  proper  registration  of  births,  deaths 
and  other  statistical  information.  It  shall  from  time  to  time 
submit  to  the  Supervisoi*s  a  draft  of  such  ordinances,  rules  and 
regulations  as  it  may  deem  necessary  to  promote  the  objects  men- 
tioned in  this  section. 

Appointees.     Salaries.     Duties. 

Sec.  5.  The  Board  may  appoint  such  officers,  agents  and  em- 
ployees as  may  be  necessary  for  the  proper  and  efficient  carrying 
out  and  enforcement  of  the  purposes  and  duties  of  the  Board,  and 
may  fix  their  salaries  and  prescribe  their  duties.  All  appointments 
in  the  Department  shall  be  made  under  the  provisions  of  Article 
XIII  of  this  Charter,  and  no  person  so  appointed  by  the  Board 
shall  be  removed  without  cause. 

City  Hospital  Physician. 

See.  6.  The  Board  may  appoint  a  Resident  Physician  of  the 
City  and  County  Hospital,  who  must  be  a  regularly  certified 
physician,  and  who  must  have  been  a  resident  of  the  City  and 
County  for  at  least  five  years  next  preceding  his  appointment. 
He  shall  devote  his  time  exclusively  to  the  duties  of  his  office. 

Physicians  and  Surgeons  for  City   Hospital. 

Sec.  7.  The  Board  shall  appoint  for  the  City  and  County  Hos- 
pital at  least  two  visiting  physicians  and  at  lea.st  two  visiting  sur- 
geons, who  shall  receive  no  compensation  for  their  services,  but 
who  shall  have  the  privilege  of  teaching  students  in  their  hospital 
wards.  Any  student  who  is  actively  engaged  in  the  study  of  medi- 
cine shall  have  the  benefit  of  clinical  instruction  in  any  of  the 
hospital  wards. 

Inebriates. 

Sec.  8.  The  Board  may  set  aside  one  ward  in  the  City  and 
County  Hospital  for  the  treatment  of  confirmed  inebriates. 

Internes  to  City  Hospital.     How  Appointed  and  Controlled. 

Sec.  9.  The  Board  may  appoint  such  undergraduates  and  other 
internes  to  the  City  and  County  Hospital  as  it  may  deem  necessary. 
They  .shall  be  appointed  after  a  competitive  examination  by  the 
Board  in  any  or  all  branches  of  medicine  and  surgery,  and  shall 
receive  board  and  lodging  free  for  their  services.  They  shall  be 
under  the  control  and  direction  of  the  Resident  Physician,  who  may 
remove  any  of  them  for  neglect  of  duty,  or  for  other  good  and 
sufficient  cause,  subject  to  an  appeal  to,  and  final  decision  by,  said 
Board. 


Article  X,  Depart ment  of  Public  Health.  151 

Salaries. 

Sec.  10.  The  Board  shall  fix  annually  the  salaries  of  all  officers 
and  employees  of  the  Board.  Such  compensation  shall  not  exceed 
salaries  paid  for  similar  services  in  private  institutions  of  like 
character. 

Limit    to    Number    of    Employees. 

Sec.  11.  The  ratio  of  employees  to  inmates  of  any  institution 
under  the  care  of  the  Board  shall  not  exceed  that  maintained  by 
private  institutions  of  like  character. 


ir>2        Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  XI. 

DEPARTMENT  OF  ELECTIONS. 
CHAPTER  I. 

BOARD    OF    ELECTION    COMMISSIONERS. 
Commissioners.     Appointed    by     Mayor.     Term.     Salary.     Qualifications. 

Section  1.  The  conduct,  management  and  control  of  the  regis- 
tration of  voters,  and  of  the  holding  of  elections,  and  of  all  mat- 
ters pertaining  to  elections  in  the  City  and  County,  shall  be 
vested  exclusively  in  and  exercised  by  a  Board  of  Election  Com- 
missioners, consisting  of  five  members,  who  shall  be  appointed 
by  the  IMayor,  and  shall  hold  office  for  four  years.  Each  of  the 
Commissioners  shall  receive  an  annual  salary  of  one  thousand 
dollars.  Each  member  of  the  Board  must  be  an  elector  of  the 
City  and  County  at  the  time  of  his  appointment  and  must  have 
been  such  for  five  years  next  preceding  such  time.  Those  first 
appointed  must,  immediately  after  their  appointment,  so  classify 
themselves  by  lot  that  one  shall  go  out  of  office  at  the  end  of  one 
year,  one  at  the  end  of  two  years,  one  at  the  end  of  three  years, 
and  two  at  the  end  of  four  years. 

The  Mayor  shall  not  make  any  appointment  upon  the  Board 
at  any  time  before  thirty  days  prior  to  the  time  when  such  ap- 
pointee is  to  take  office.  Two  of  the  five  members  first  appointed 
shall  be  chosen  from  each  of  the  two  political  parties  casting  in 
the  City  and  County  the  highest  vote  for  Governor  or  electors  of 
President  and  Vice-President,  as  the  case  may  be,  at  the  last 
preceding  general  election.  The  fifth  member  shall  be  chosen 
from  the  political  party  casting  the  third  highest  such  vote  at 
such  election,  if  there  be  such  third  party,  and  if  not,  then  at  the 
discretion  of  the  Mayor.  Upon  the  expiration  of  the  term  of 
office  of  any  Commissioner,  the  appointee  must  be  chosen  from  the 
same  political  party  as  the  retiring  Commissioner,  consistently 
with  the  foregoing  provisions  as  to  equal  representation  at  all 
times  of  the  two  political  parties  casting  the  highest  vote  at  the 
general  election  last  preceding  the  appointment  in  question  as 
prescribed  in  this  section. 

Not  to  Take   Part  in   Politics. 

Sec.  2.  No  member  of  the  Board,  nor  Registrar,  nor  Deputy 
Registrar,  shall,  during  his  term  of  office,  be  a  member  of  any 
convention  the  purpose  of  which  is  to  nominate  candidates  for 
office;  nor  be  eligible  to  any  other  municipal  office  during  the 
term  for  which  he  shall  have  been  appointed,  or  for  one  year 
thereafter;  nor  act  as  officer  of  any  election  or  primary  election; 
nor  take  part  in  any  election  except  to  vote  and  when  acting  as 
Election  Commissioner,  at  which  time  he  shall  perform  only  such 
official  duties  as  may  be  required  of  him  by  law  and  by  this  Charter. 


Article  XI,  Chapter  II,  Department  of  Elections.         153 

President.     Registrar    of    Voters.     Salary.     Term.     Secretary.     Duties. 

See.  .'5.  The  Comniissiniiers  .^hall  organize  within  ten  days  after 
their  appointment  by  choosing  one  of  tlieir  number  Pre.sident. 
In  case  of  failure  to  agree,  he  shall  be  selected  by  lot.  lie  shall 
hold  ofifice  for  one  year,  and  until  his  successor  is  chosen.  The 
Board  shall  •  appoint  a  Registrar  of  Voters,  who  shall  receive  an 
annual  salary  of  twenty-four  hundred  dollars.  The  Registrar  shall 
be  the  Secretary  of  the  Board,  and  shall  keep  a  record  of  its 
proceedings,  and  shall  execute  all  orders  and  enforce  all  rules  and 
regulations  adopted  by  the  Board.  The  term  of  office  of  Registrar 
shall  be  four  years. 
Clerl<s.     Salaries. 

Sec.  4.  The  Board  may  appoint  such  other  clerical  assistants 
as  may  be  necessary  at  a  salary  not  to  exceed  one  hundred  dollars 
a  month  each  for  the  time  actually  employed.  The  Board  shall, 
by  resolution  adopted  by  a  majority  vote  of  all  its  members  and 
entered  upon  its  minutes,  designate  the  service  to  be  rendered  by 
such  assistants  and  the  time  for  which  they  shall  be  employed. 
The  time  of  employment  of  such  assistants  shall  not  be  extended 
except  by  like  resolution  of  the  Board,  and  when  a  salary  shall 
have  been  once  fixed  it  shall  not  be  increased.  This  section  is 
subject  to  the  provisions  of  Article  XIII  of  this  Charter. 

Sec.  5.  All  provisions  of  the  General  Laws  of  this  State,  includ- 
ing penal  laws,  respecting  elections,  not  inconsistent  with  tlie  pro- 
visions of  Chapter  II  hereof,  shall  be  applicable  to  all  elections 
held  in  the  City  and  County  of  San  Francisco.  All  provisions  of 
the  General  Laws  of  this  State  resi)e(*tiiig  the  registration  of  voters 
shall  be  appli('al)le  to  such  registration  in  the  City  and  ('ounty. 
The  Board  of  Election  Commissioners  must  provide  for  })recinct 
registration,  so  far  as  it  can  do  so  under  the  Constitution  and  tlio 
Laws  of  the  State. — As  amended  November  15,  1910;  approved  by 
the  Legislature  February  17,  1911  (Statutes,  1911,  page  1661). 

CHAPTER  II. 

MUNICIPAL    ELECTIONS. 
When   Held — Officers  to  be  Elected — Terms. 

Section  1.  There  shall  be  held  in  the  ('ity  and  ('oiinly  ol'  San 
Francisco,  on  the  last  Tuesday  in  September  of  the  year  IHll.  and 
every  S(;cond  year  then^after,  an  clcclion  to  be  known  as  the  "pi"i- 
tiiary  municipal  election."  A  second  election  shall  be  held  when 
necessary  under  the  provisions  of  this  Charter  on  the  Tuesday 
after  the  first  Monday  in  November,  not  less  than  forty  days  after 
the  said  primary  election,  and  shall  be  known  as  the  "general 
municipal  election." 

At  said  primary  and  general  el(M-1ions  there  shall  be  noiiiinafed 
and  elected  by  the  electf)rs  of  the  City  and  (bounty  the  following  of- 
ficers: the  Mayor,  four  Police  Judges,  District  Attorney,  ('ity  Attor- 
ney, Assessor,  Auditor,  Treasurer,  Tax  Collector,  Recorder,  Public 


ir>4         Oiarlrr  of  the  CHii  and  Coioifij  of  San  Francisco. 

Administrator,  ("ounty  Clerk,  ^^lioritf,  (■oronor  and  eighteen  Super- 
visors. E.icli  t>f  tlu>  abdvo  officers  shall  be  elected  for  two  years, 
except  the  Police  Judges  and  the  Assessor,  each  of  whom  shall  be 
elected  for  four  years.  The  Superintendent  of  Public  Schools 
shall  be  elected  for  four  years,  and  the  Justices  of  the  Peace,  at 
tlie  same  time  tiuit  members  of  the  Legislature  are  elected. 

When   Office   Is  Taken. 

Sec.  2.  The  oHficers  elected  at  the  primary  or  general  election 
under  this  Charter  shall  take  office  at  noon  on  the  eighth  day  of 
January  following. 

Nomination  and  Election  of  City  and  County  Officers. 

Sec.  3.  (1)  The  mode  of  nomination  and  election  of  all  elective 
officers  of  the  City  and  County  to  be  voted  for  at  any  primary, 
general  or  special  municipal  election,  including  recall  elections, 
shall  be  as  follows,  and  not  otherwise: 

Condition   of   Candidacy. 

(2)  The  name  of  a  candidate  shall  be  printed  upon  the  ballot 
when  a  declaration  of  candidacy  and  certificates  of  not  less  than 
ten  sponsors  shall  have  been  filed  on  his  behalf,  in  the  manner 
and  form  and  under  the  conditions  hereinafter  set  forth. 

Method  of   Nomination. 

(3)  The  nomination  of  candidates  shall  be  made  in  the  follow- 
ing manner : 

(a)  The  candidate,  not  more  than  fifty  days  before  the  pri- 
mary election  in  September,  shall  file  with  the  Registrar  of  voters 
a  declaration  of  his  candidacy,  in  the  following  form: 

"Declaration  of  Candidacy. 

I, ,  residing  at ,  hereby  declare 

myself  a  candidate  for  the  office  of ,  to  be  voted 

for  at  the  municipal  election  to  be  held  in  the  City  and  County 

of  San  Francisco,  on  the day  of  September, 

A.  D 

City  and  County  of  San  Francisco, 

State  of  California, 
ss. 

Subscribed  before  me  and  filed  this day  of 

A.  D. 

Registrar  of  Voters." 

The  blanks  in  said  form  for  the  name  and  residence  of  the 
candidate  and  the  office  and  date  of  election,  shall  be  filled  out 
and  the  declaration  subscribed  by  him  before  the  Registrar  of 
Voters.  The  Registrar  shall  forthwith  certify  to  the  said  subscrip- 
tion and  its  date  and  retain  and  file  the  declaration. 


Article  XI,  Chapter  II,  Department  of  Elections.         155 

(&)  After  said  declaration  sliall  be  signed,  certified  and  filed, 
and  not  later  than  thirty  days  before  said  election  in  September, 
not  less  than  ten  nor  more  than  twenty  sponsors  for  the  said 
candidate,  who  are  electors  for  the  City  and  County,  qualified 
to  vote  at  the  said  municipal  election,  shall  appear  before  the 
Registrar  of  Voters,  and  shall  certify,  under  oath,  to  the  qualifi- 
cations of  the  said  candidate,  in  a  certificate  as  follows: 

"City  and  County  of  San  Francisco, 

State  of  California, 
ss. 

The  undersigned  sponsor  for ,  wlio  has 

declared  his  candidacy  for  the  office  of ,  to 

be  voted  for  at  the  municipal  election  to  be  held  in  the  City  and 

County  of  San  Francisco,  on  the day  of 

September,  A.  D ,  being  first  duly  sworn,  deposes 

and  says: 

That  in  my  opinion  my  knowledge  of  the  said 

is  sufficient   to   warrant   my   urging  his   election   to   the   office   of 

in  the  City  and  County  of  San  Francisco,  and 

that  he  is  fully  qualified  mentally,  morally  and  i)hysically  for 
the  said  office  and  should  be  elected  to  fill  it ;  that  I  am  a  qualified 
elector  of  said  City  and  County,  and  am  not  at  this  time  a  signer 
of  any  other  certificate  nominating  any  other  candidate  for  the 
above-named  office,  or,  in  case  there  are  several  places  to  ])e  filled 
in  the  above-named  office,  that  I  have  not  signed  more  certificates 
than  there  are  places  to  be  filled  in  the  above-named  office;  that 

my  residence  is  at  No street,  San 

Francisco,  and  that  my  occupation  is 


"City  and  County  of  San  Francisco, 

State  of  California, 
ss. 

The  above  was  subscribed,  swoni  to  before  me,  read  to  me  by 
the  deponent,  the  said  signature  verified  by  me,  and  the  said  cer- 
tificate filed  this day  of , 

A.  D 


Registrar  of  Voters." 
The  blanks  in  the  said  certificate  for  llie  name  of  the  candidate 
and  the  office,  the  date  of  the  election,  the  address  and  occupation 
of  the  spon.sor  shall  Ix;  filled  out  and  the  certilicjilc  read  to  the 
Registrar  of  Voters,  siibscril)ed  and  sworn  to  by  the  s|>onsor  lirfore 
him,  and  his  .signature  forthwith  verified  by  the  l^-gistrar  by  <'oiii 
parison  with  th(!  signature  of  the  sponsor's  registration  as  ii  voter. 
The  Registrar's  certificate  sliall  thereupon  he  lillcd  nut  ami  flic 
d()cument  retained  by  him  and  tiled. 

(c)      It  shall  be  the  duty  of  tin;  Hoard  of  Kh-ction  ( "onuiiission- 
ers  to  furnisli  a  sufficient  nuniher  of  forms  for  su(!h  candidates' 


156        Charter  of  the  City  and  County  of  San  Francisco. 

declarations  and  such  sponsors'  certificates.  In  the  event  the 
Registrar  shall  refuse  to  file  such  declaration  or  certificate,  he 
shall  forthwith  desij^nate  in  writing  on  the  declaration  or  certifi- 
cate the  defect  thereof,  or  other  reason  for  refusing  to  file  the 
same,  and  shall  return  the  same  to  the  party  tendering  it.  No 
defect  in  any  declaration  or  certificate  presented  to  the  Registrar 
shall  prevent  the  filing  of  another  declaration  or  certificate  within 
the  period  allowed  for  presenting  the  declaration  or  certificate. 

(d)  Each  certificate  must  contain  the  name  of  one  signer 
thereto  and  no  more.  Each  signer  must  be  a  qualified  elector, 
must  not  at  the  time  of  signing  a  certificate  have  his  name  signed 
to  any  other  certificate  for  any  other  candidate  for  the  same  office, 
or,  in  case  there  are  several  places  to  be  filled  in  the  same  office, 
signed  to  more  certificates  for  candidates  for  that  office  than  there 
are  places  to  be  filled  in  such  office. 

(e)  The  Registrar  of  Voters  shall  preserve  in  his  office  for  a 
period  of  four  years  all  candidates'  declarations  and  all  sponsors' 
certificates  filed  under  this  section. 

Candidate's  Statement. 

(4)  If  the  candidate  shall  so  desire,  he  may  file  with  the  Elec- 
tion Commission,  not  less  than  twenty-five  days  before  the  said 
election,  a  statement,  of  not  more  than  one  hundred  words,  setting 
forth  any  facts  he  deems  pertinent  to  the  question  of  his  qualifi- 
cations for  the  office  for  which  he  is  a  candidate  and  paying  the 
sum  of  twenty  dollars  to  the  Registrar  of  Voters.  Additional 
words,  not  to  exceed  two  hundred,  may  be  added  to  the  statement, 
for  the  additional  fee  of  ten  dollars  for  each  hundred  words 
or  part  thereof.  All  such  fees  received  by  the  Registrar  shall  be 
paid  over  to  the  Treasurer  of  the  City  and  County  of  San  Fran- 
cisco and  credited  to  the  General  Fund.  Upon  the  payment  of 
the  said  fee,  the  Board  of  Election  Commissioners  shall  cause  said 
statements,  with  the  candidate's  name  and  number  on  the  ballot 
appearing  above  each  to  be  grouped  under  the  office  for  which  he 
is  a  candidate,  the  names  and  groups  to  be  arranged  in  the  same 
order  as  the  ballots  printed  for  the  assembly  district  of  said  City 
and  County  designated  by  the  lowest  number.  The  Board  of  Elec- 
tion Commissioners  shall  cause  the  said  statements  so  arranged  to 
be  printed  either  in  single  sheet  or  pamphlet  form,  the  candidate's 
name  and  number  in  fourteen  (14)  point  type  and  the  body  of 
the  statement  in  ten  (10)  point  type  and  enclosed  and  circulated 
M-ith  the  sample  ballot  and  sent  to  each  registered  voter.  The 
Board  of  Election  Commissioners  shall  furnish,  at  least  five  days 
before  the  said  election,  copies  of  such  statements,  so  arranged  and 
printed,  to  registered  voters  on  application  at  his  office. 

Mayor's  Proclamation. 

(5)  Immediately  after  such  declaration  and  ten  sponsors'  cer- 
tificates shall  have  been  filed,  the  Registrar  of  Voters  shall  enter 
the  names  of  the  candidates  in  a  list,  with  the  offices  to  be  filled,  and 


Article  XI,  Chapter  II,  Department  of  Elections.        157 

shall  not  later  than  twenty-five  days  before  the  election  certify 
such  list  as  being  the  list  of  candidates  nominated  as  required  by 
this  Charter;  and  the  Mayor  shall  cause  said  certified  list  of  names 
and  the  offices  to  be  filled,  designating  whether  for  a  full  term  or 
unexpired  term,  to  be  published  in  the  proclamation  calling  the 
election  at  least  eight  successive  days,  excluding  Sundays,  before 
the  election,  in  not  more  than  two  daily  newspapers  of  general 
circulation  published  in  the  City  and  County  of  San  Francisco. 
Said  proclamation  shall  conform  in  all  respects  to  the  general 
State  law  governing  the  conduct  of  municipal  elections,  now  or 
hereafter  in  force,  except  as  herein  required. 

Form    of    Ballots. 

(6)  The  Registrar  of  Voters  shall  cause  the  ballots  to  be  printed 
and  bound  and  numbered  as  provided  for  by  State  law,  except  as 
otherAvise  required  in  this  Chapter.  The  ballots  shall  contain  the 
list  of  names  and  the  respective  offices,  as  published  in  the  procla- 
mation, and  shall  be  in  substantially  the  form  herein  provided. 

Heading  and  Directions  to  Voters. 

(a)  Primary  (or  general,  or  recall,  or  second  recall,  as  the 
case  may  be)  municipal  election.  City  and  County  of  San  Fran- 
cisco. 

Instructions  to  Voters:  To  vote,  stamp  or  write  a  cross  (X) 
opposite  the  name  of  the  candidate  for  whom  you  desire  to  vote. 
All  marks  otherwise  made  are  forbidden.  All  distinguishing  marks 
are  forbidden  and  make  the  ballot  void.  If  you  wrongly  mark, 
tear  or  deface  this  ballot,  return  it  to  the  Inspector  of  Election 
and  obtain  another. 

Arrangement  of  Offices  on    Ballot. 

(&)  The  offices  to  be  filled  shall  be  arranged  in  the  following 
order : 

The  Mayor,  Police  Judges,  District  Attorney,  City  Attorney, 
Assessor,  Auditor,  County  Clerk,  Sheriff,  Treasurer,  Tax  Collector, 
Recorder,  Public  Administrator,  Coroner,  arranged  in  one  or  more 
columns,  and  the  Supervisors  in  a  column  or  columns  separate  from 
the  others. 

Every    Nominee    on    Ballot. 

(c)  The  name  of  every  candidate  who  has  hm\  dtily  and  regu- 
larly nominated  shall  be  placed  on  the  ballot  under  the  title  of 
the  office  for  which  he  is  a  candidate. 

Rotation    of   Candidates'    Names. 

(d)  The  l>all()ts  for  tlie  Assembly  district  of  tho  i'Aiy  and 
County  designated  by  the  lowest  number  sliall  have  tht  nnmes  of 
each  group  of  candidates  for  an  office  or  offices  «rninj(ed  in  alpha- 
betical order,  according  to  llie  family  nairie  of  the  candidate.  In 
the  Asseml)ly  district  design.ited  by  the  next  hiu'hest  number,  thr 
groui)s  of  names  shall  he  the  same  as  in  the  district  designatoii  by 


158        Charter  of  the  City  and  County  of  San  Francisco. 

the  next  lower  niunber.  save  that  the  last  candidate  in  the  group 
in  the  preceding  district  shall  be  placed  at  the  beginning  of  the 
group,  the  succession  of  names  to  be  otherwise  unchanged,  and  so 
on.  rotating  the  names  in  this  order  throughout  all  the  Assembly 
districts. 

In  the  event  that  the  number  of  candidates  in  any  group  shall 
exceed  the  number  of  Assembly  districts  in  the  City  and  County, 
then  the  total  number  of  candidates  in  such  group  shall  be  divided 
by  the  number  of  Assembly  districts  and  the  quotient,  if  an  integ- 
ral number,  or  if  it  be  fractional,  then  the  next  highest  integral 
number,  shall  be  the  number  of  candidates  to  be  taken  from  the 
end  and  placed  at  the  beginning  of  such  a  group  in  each  successive 
Assembly  district ;  the  rotation  then  being  in  this  manner,  to-wit : 
if  there  be  fifty-six  candidates  for  supervisors  and  twenty  Assem- 
bly districts,  numbered  from  tw'enty-five  to  forty-five,  the  fifty- 
fourth,  fifty-fifth  and  fifty-sixth  candidates  in  the  group  of  the 
twenty-fifth  district  will  be  the  first,  second  and  third  candidates, 
respectively,  in  the  group  in  the  twenty-sixth  district. 
Spaces  for  Name  and  for  Voting  Cross. 

{e)     The  candidate's  name  shall  be  printed  in  brevier  type  and 
shall   be   enclosed  by  lines  above   and  below,   a  half   inch   apart. 
Half-inch  squares  shall  be  provided  at  the  right  of  the  name  of 
each  candidate  wherein  to  mark  the  cross. 
Blank  Spaces  for  Additional   Candidates. 

(/)      Half-inch  spaces  shall  be  left  below  the  printed  names  of 
candidates  for  each  office  equal  in  number  to  the  number  to  be 
voted  for.  Avherein  the  voter  maj"  write  the  name  of  any  person  or 
persons  for  whom  he  may  wish  to  vote. 
Other  Requirements  of  Ballot. 

{g)  All  ballots  printed  shall  be  precisely  of  the  same  size, 
quality,  tint  of  paper,  kind  of  type,  and  color  of  ink,  so  that 
without  the  number  it  would  be  impossible,  in  each  Assembly 
district,  to  distinguish  one  ballot  from  another;  and  the  names 
of  all  candidates  printed  upon  the  ballot  shall  be  in  type  of  the 
same  size  and  style.  A  column  may  be  provided  on  the  right 
hand  side  for  Charter  amendments  or  other  questions  to  be  voted 
upon  at  the  municipal  elections,  as  provided  for  under  this  Charter. 
Voting   Machines. 

(/«)      In  the  event  of  the  use  of  voting  machines,  the  ballot  shall 
be  arranged  on  the  machines  in  the  saine  form  in  each  Assembly 
district  as  provided  for  the  printed  ballot. 
No  Party  Designation. 

(i)  No  party  name  or  political  designation  or  descriptive  mat- 
ter concerning  the  candidate  shall  appear  on  the  ballot. — Subdi- 
vision (i)  was  adopted  as  an  (dternative  proposition  Novemhei^ 
15,  1910;  approved  by  the  Legislature  February  17,  1911  (Statutes, 
1911,  page  1661). 


Article  XI,  Chapter  II,  Department  of  Elections.         159 

Sample  Ballots. 

7.  The  Registrar  of  Voters  shall  cause  to  be  in-inted  ballots 
identical  with  the  l)all()t  to  be  used  in  each  Assembly  district  at 
the  election  and  shall  furnish  copies  of  the  same  on  application 
to  registered  voters  at  his  ofitice  at  least  five  days  before  the  date 
fixed  for  such  election,  and  shall  mail  to  each  voter  entitled  to 
vote  at  such  election  a  copy  of  the  ballot  to  be  used  in  his  district, 
so  that  all  of  said  sam])le  ])allots  sliall  have  been  mailed  at  least 
five  whole  days  before  said  election. 

Votes  Necessary  to  Elect. 

8.  In  case  there  is  but  one  person  to  be  elected  to  an  ofifice, 
the  candidate  receivinir  a  majority  of  the  votes  cast  at  the  pri- 
mary election  for  all  the  candidates  for  that  oflRce  shall  be  declared 
elected;  in  ease  there  are  two  or  more  persons  to  be  elected  to  an 
oflfiee,  as  that  of  Supervisor  or  Police  Judge,  then  those  candidates 
equal  in  num])er  to  the  number  to  be  elected,  who  receive  the  high- 
est number  of  votes  for  such  office  shall  l)e  declared  elected:  pro- 
vided, however,  that  no  person  shall  lie  declared  elected  to  any 
such  office  at  such  primary  election  unless  the  number  of  votes 
received  by  him  shall  be  greater  than  one-half  the  number  of  bal- 
lots cast  at  such  electicm. 

General  Election. 

9.  Tlie  vacancy  or  vacanies  in  any  office  to  which  the  recjuired 
number  of  persons  have  not  been  elected  at  the  primary  election 
shall  be  filled  at  the  general  election.  The  candidates  not  elected 
at  such  primary  election,  equal  in  number  to  twice  the  number  to 
be  elected  to  any  given  oiifice,  or  less,  if  so  there  be,  who  receive 
the  highest  number  of  votes  for  the  respective  offices  at  such 
first  election,  shall  be  the  only  candidates  at  such  general  election; 
provided,  that  if  there  be  any  person  who,  under  the  provisions 
of  this  subdivision,  would  have  been  entitled  to  become  a  candidate 
for  any  office  except  for  the  fact  that  some  other  candidate  received 
an  equal  number  of  votes  therefor,  then  all  such  persons  receiving 
such  equal  number  of  votes  shall  likewise  become  candidates  for 
such  office.  The  candidates  ecpial  in  number  t<>  the  jx'rsons  to  be 
elected  who  shall  receive  the  higliest  number  of  votes  al  such 
general  election  shall  be  declared  elected  to  such  ollice. 

Rules  Governing  the  General   Election. 

10.  All  the  provisions  and  conditions  abov<'  set  forth  as  to  Uie 
conduct  of  a  primary  election,  so  far  as  they  may  be  applicable, 
shall  govern  the  general  election,  except  that  notice  ol"  eleciioii 
need  be  published  twice  only;  and  provided,  also,  that  the  same 
precincts  and  })ollirig  places  shall,  if  possible,  be  used. 

Failure  of  Persons  Elected  to  Qualify. 

11.  If  a  person  (ilected  fails  to  (iiialify,  tlu;  oflice  shall  be  tilled 
as  in  this  Charter  provided  for  a  va<'aii<'y  in  such  office. 


160         Charter  of  the  City  and  County  of  San  Francisco. 

Informalities    in    Election. 

12.  No  iufornialities  iu  coiKlucting  municipal  elections  shall 
invalidate  the  same,  if  the.v  have  l)een  conducted  fairly  and  in 
substantial  conformity  to  the  requirements  of  this  Charter. — Chap- 
ter II  was  adeled  by  amendment  November  15,  1910;  approved  by 
the  Legislature  February  17,  1911  (Statutes,  1911,  page  1661). 

CHAPTER  III. 

THE   INITIATIVE. 

Acts   of  Supervisors  and    Legislative   Acts. 

Section  1.  The  registered  voters  shall  have  power  to  propose 
by  petition  and  to  adopt  or  to  reject  at  the  polls,  any  ordinance, 
act  or  other  measure  which  is  within  the  power  conferred  upon 
the  Board  of  Supervisors,  or  any  legislative  measure  which  is 
■\Wthin  the  power  conferred  upon  any  other  Board,  Commission 
or  Officer.  Such  ordinance,  act  or  other  measure  may  be  proposed 
by  filing  with  the  Board  of  Election  Commissioners  a  petition 
setting  forth  said  measure  in  full,  signed  by  registered  voters  of 
the  City  and  County  as  many  in  number  as  the  percentages  herein- 
after required  of  the  entire  vote  for  all  candidates  for  the  office 
of  IMaj^or  cast  at  the  last  preceding  regular  municipal  election. 

Signatures. 

Sec.  2.  The  words  "registered  voters,"  as  used  in  this  Chapter, 
shall  mean  qualified  voters  whose  names  appear  on  the  records  of 
registration  for  the  current  or  next  preceding  year.  The  signa- 
tures to  the  petition  need  not  all  be  appended  to  one  paper,  but 
said  petition  may  be  presented  in  sections.  The  number  of  signa- 
tures to  each  section  shall  be  at  the  pleasure  of  the  person  solicit- 
ing signatures  to  the  same.  Any  qualified  voter  or  citizen  taxpayer 
of  the  municipality  is  competent  to  solicit  said  signatures.  Each 
section  shall  have  attached  thereto  the  affidavit  of  the  person 
soliciting  signatures  to  the  same,  stating  that  all  signatures  to  the 
attached  section  were  made  in  his  presence,  and  that  to  the  best  of 
his  knowledge  and  belief  each  signature  to  the  section  is  the 
genuine  signature  of  the  person  whose  name  purports  to  be  there- 
unto subscribed,  and  no  other  affidavit  thereto  shall  be  required. 
Each  signer  of  said  petition  shall  add  to  his  signature  his  place  of 
residence,  giving  the  street  and  number.  Unless  and  until  it  be 
proven  otherwise  by  official  investigation,  it  shall  be  presumed  that 
the  petition  filed  conforms  to  all  legal  requirements  and  contains 
the  signatures  of  the  requisite  number  of  registered  voters,  and, 
after  an  election  based  thereon,  the  sufficiency  of  said  petition 
shall  not  be  questioned. 

Any  signer  to  a  petition  may  withdraw  his  name  from  the  same 
by  filing  Avith  the  Board  of  Election  Commissioners  a  verified  revo- 
cation of  his  signature  before  the  filing  of  the  petition  with  said 
Board.     No  signature  can  be  revoked  after  the  petition  has  been 


Article  XI,  Chapter  III,  Department  of  Elections.        161 

filed.     The  Registrar  of  Voters  shall  endorse  on  said  petition  the 
names  of  three  persons  who  filed  said  petition. 

Verification. 

Sec.  3.  Within  ten  days  after  the  date  of  filing  such  petition, 
the  Board  of  Election  Commissioners  must  finally  determine  from 
the  records  of  registration  whether  or  not  said  petition  is  signed 
by  the  requisite  number  of  electors  entitled  to  vote.  If  any  signa- 
ture be  called  in  question,  said  Board  shall  mail  notice  to  such 
purported  signer,  stating  that  his  name  is  attached  to  such  petition, 
and  cite  him  to  appear  before  them  forthwith.  Unless  and  until 
said  purported  signer  denies  under  oath  tlie  genuineness  of  such 
signature,  it  shall  be  deemed  genuine.  If  necessary,  the  Board 
of  Supervisors  shall  allow  the  Board  of  Election  Commissioners 
extra  help  for  the  purpose  of  examining  such  petition.  The  Board 
of  Election  Commissioners,  upon  the  conclusion  of  such  examina- 
tion, shall  forthwith  attach  to  said  petition  their  certificate  sliow- 
ing  the  result  of  said  examination,  and  forthwith  mail  a  copy 
thereof  to  the  persons  filing  said  petition.  If  by  the  said  certificate 
the  petition  is  shown  to  be  insufficient,  it  may  be  amended  by 
additional  signatures  within  ten  days  after  the  date  of  said  cer- 
tificate. The  Board  of  Election  Commissioners  shall,  within  ten 
days  after  such  amendment,  make  like  examination  and  determina- 
tion of  the  amended  petition  and  attach  and  mail  a  like  certificate, 
and,  if  their  certificate  shall  show  tlie  same  to  be  insufficient,  it 
shall  be  returned  to  the  persons  filing  the  same,  without  prejudice, 
however,  to  the  filing  of  a  new  petition  to  effect  the  same  purpose. 

Ten    Per   Centum    for    Special    Election. 

See.  4.  If  the  petition  accompanying  the  proposed  measure  be 
signed  by  registered  voters  as  many  in  number  as  ten  i)er  cent  of 
the  said  entire  vote,  and  contains  a  request  that  said  measure  be 
submitted  forthwith  to  a  vote  of  the  electorate  at  a  special  election, 
then  the  Board  of  Ehn'tioii  (^»iiimissioners  shall  forthwitli  call  a 
special  election,  which  shall  be  held  at  a  date  not  more  than  thirty 
days  from  the  date  of  calling  the  same,  at  which  said  measure, 
without  alteration,  shall  be  submitted  to  a  vote  of  the  electorate. 

Four  Per  Centum  for  General  Election. 

Sec.  5.  If  the  petition  be  signed  by  registered  voters  as  many 
in  number  as  four  per  cent  but  less  than  ten  per  cent  of  the  said 
entire  vote,  or  if  for  any  reason  any  measure  proposed  by  a  petition 
signed  by  registered  voters  as  many  in  niimber  as  ten  per  cent  of 
said  entire  vote  has  not  been  submitted  at  a  special  election  as 
provided  in  Section  4  of  this  Chapter,  then,  in  cither  event,  such 
measure  or  measures,  without  alteration,  shall  be  submitted  by  the 
Hoard  of  Election  (Commissioners  to  a  vote  of  the  electorate  at  the 
next  general  Stat(!  or  Municipal  election  that  shall  occur  at  any 
time  after  tliirty  days  from  the  (lat(;  of  th(!  Hoard  of  lOlection  Com- 


162        Charter  of  the  City  and  County  of  San  Francisco. 

niissionei-s'  certificate  of  sufficiency  attached  to  the  petition  aecora- 
panyiusj  such  measure. 
Form  of  Ballot.    Majority   Vote. 

Sec.  6.  The  baHots  used  when  voting  upon  said  proposed 
measure  shall  contain  a  general  statement  thereof,  followed  by  the 
words  "Yes"  and  "No,"  so  arranged  that  the  voter  may  indicate 
his  choice  upon  the  ballot.  If  a  majority  of  the  qualified  electors 
voting  on  said  proposed  measure  shall  vote  in  favor  thereof,  it  shall 
go  into  effect  ten  days  after  the  declaration  of  the  official  count. 

Competing  and  Conflicting   Measures.     Repeal. 

Sec.  7.  When  there  are  two  or  more  measures  proposed  to 
secure  the  same  general  purpose,  the  Board  of  Election  Commis- 
sioners shall  so  declare,  and  shall  have  the  ballots  so  printed 
that  the  voter  (first)  can  choose  between  any  measure  or  none, 
and  (secondly)  can  express  his  preference  for  any  one.  If  a 
majority  of  the  votes  on  the  first  question  is  affirmative,  then  the 
measure  receiving  the  highest  number  of  votes  shall  become  law, 
and  the  others  shall  fail  of  passage.  In  case  two  or  more  measures 
are  tied  for  the  highest  vote,  they  shall  be  resubmitted  at  the  next 
ensuing  general  election.  If  there  is  a  conflict  between  two  or 
more  measures  or  between  two  or  more  Charter  amendments 
adopted  at  the  same  election,  then  the  measure  or  Charter  amend- 
ment receiving  the  highest  affirmative  vote  shall  prevail.  No  ordi- 
nance or  measure  approved  by  the  electorate  under  the  provision 
of  this  Chapter  shall  be  subject  to  veto,  or  be  amended  or  repealed 
except  by  vote  of  the  electorate,  unless  such  ordinance  or  measure 
shall  otherwise  provide. 
Elections. 

Sec.  8.  All  arrangements  for  an  election  under  this  Chapter 
shall  be  made  and  the  same  shall  be  conducted,  returned,  and  the 
results  thereof  declared,  so  far  as  practicable,  in  all  respects  as 
are  municipal  elections,  and  State  penal  laws  applicable  to  general 
elections  shall  apply  to  elections  held  hereunder;  provided,  if  there 
be  any  conflict  of  provisions,  this  Chapter  shall  control.  Any  num- 
ber of  proposed  measures,  ordinances,  referendum  petitions,  or 
other  measures,  may  be  submitted  on  one  petition  and  may  be  voted 
upon  at  the  same  election  in  accordance  with  the  provisions  of  this 
Chapter;  provided,  that  there  shall  not  be  held  under  this  Chapter 
more  than  one  special  election  wdthin  a  period  of  six  months. 
Measure  to  be  Mailed  to  Voters. 

Sec.  9.  Whenever  any  measure  is  required  by  this  Charter  to 
be  submitted  to  the  voters  of  the  City  and  County  at  any  election, 
the  Board  of  Election  Commissioners  shall  cause  the  measure  to 
be  printed,  in  substantially  the  same  form  as  the  latest  municipal 
edition  of  this  Charter,  and  they  shall  enclose  a  printed  copy 
thereof,  in  an  envelope  with  a  sample  ballot,  and  mail  the  same  to 
each  voter,  at  least  five  days  prior  to  the  election. 


Article  XI,  Chapter  III,  Department  of  Elections.        163 

Arguments   to    be    Mailed    to    Voters. 

Sec.  10.  If  said  proposition  be  submitted  upon  an  initiative 
petition  of  the  registered  voters,  the  persons  filing  said  petition 
shall  have  the  right  to  present  to  the  Board  of  Election  Connnis- 
sioners,  at  any  time  twenty-five  days  prior  to  said  election,  copies 
of  printed  arguments  favoring  said  proposition :  if  said  proposition 
be  submitted  by  the  IMayor,  or  by  the  Board  of  Supervisors,  or  by 
one-third  of  the  Board  of  Supervisors,  or  l)y  persons  filing  a  refer- 
endary petition,  they  shall  have  a  similar  right  to  present  copies  of 
printed  arguments ;  said  arguments  shall  be  printed  in  substantially 
the  same  form  as  the  latest  municipal  edition  of  this  Charter,  and 
shall  not  exceed  eight  pages  in  length  upon  each  proposition.  Any 
person,  committee  or  organization  opposing  any  proposition  may 
each  present,  in  like  manner  and  of  the  same  form  and  amount 
and  -within  the  same  time,  printed  arguments  opposing  said  propo- 
sition. Copies  of  said  arguments  either  for  or  against,  shall  be 
presented  equal  in  number  to  five  per  cent  in  excess  of  the  total 
number  of  registered  voters.  The  Board  of  Election  Commission- 
ers shall  cause  one  copy  of  each  of  said  arguments  to  be  bound 
with  their  copy  of  the  measure  or  amendment  which  is  to  be  mailed 
to  each  voter  as  required  by  Section  9  of  this  Chapter. 

Election   Is  Mandatory. 

Sec.  11.  If  any  measure  proposed  by  petition  or  upon  which 
a  referendum  vote  is  requested  by  petition,  in  accordance  with 
the  provisions  of  this  Charter  be  not  sul)mitted  to  the  voters  at 
or  within  the  time  elsewhere  specified  in  this  Charter,  such  petition 
shall  remain  in  force  until  such  measure  shall  be  submitted  to  a 
vote,  and  no  bond  issue,  or  other  measure  proposed  ])y  the  Board 
of  Supervisors  .shall  be  submitted  to  the  voters  unless  at  the  same 
election,  or  prior  tliereto,  there  shall  be  submitted  to  the  voters  the 
measures  upon  which  a  vote  is  requested  by  petition,  if  any  vote 
be  so  requested  upon  which  a  vote  has  not  been  taken  at  or  within 
the  time  elsewhere  specified  in  this  Charter.  This  section  is  pro- 
hibitory and  mandatory. 

Charter  Amendments. 

Sec.  12.  The  provisions  of  this  Cliapt<'r,  unless  proliibitcd  by 
the  State  Constituticm,  shall  api)]y  to  the  projxjsal,  submission  and 
adoption  of  Charter  amendments. 

Declarations  of  Policy. 

Sec.  l'{.  Any  dcclaralion  of  policy  or  pi-inciplc  of  legislation 
may  be  submitted  to  the  elect-ors  in  the  manner  providtMl  for  the 
submission  of  ordinances;  and  when  ai)i)roved  by  a  majority  of  the 
voters  voting  at  any  election,  it  shall  thereupon  bi;  the  duty  of  tlie 
Board  of  Supervisors  or  other  legislative  body  to  ena(!t  an  ordi- 
nance or  ordinances  to  carry  such  policies  or  principles  into  efTcct, 
subject  to  the  referendMni  jirovisions  of  Chapler  IV  of  Article  XI 
of  this  Charter. 


164        Charter  of  the  City  and  County  of  San  Francisco. 

Special  Election   Fund. 

Sec.  14.  In  the  first  annual  biidgret  to  be  hereafter  adopted 
by  the  Board  of  Supervisors,  said  Board  shall  appropriate  not 
less  than  fifty  thousand  dollars,  to  be  known  as  the  special  election 
fund,  to  be  used  exclusively  for  defrayinj]^  the  cost  of  verifying 
petitions  and  other  expenses  of  special  elections  initiated  by  petition 
of  the  electorate,  including  recall  elections.  In  the  event  of  the 
expenditure  of  any  of  said  fund,  the  Board  of  Supervisors  in  the 
next  succeeding  annual  budget  shall  appropriate  a  sum  sufficient 
to  replete  said  Special  Election  Fund. 

Substantial   Compliance. 

Sec.  15,  A  substantial  compliance  with  the  provisions  of  this 
Chapter  shall  be  sufficient  for  the  holding  of  an  election  hereunder 
and  the  approval  or  rejection  of  any  measure  submitted  thereat. 

Repeal   of   Present   Provision. 

Sec.  16.  Section  20  of  Chapter  I,  of  Article  II  of  said  Charter, 
relating  to  initiative  petitions,  is  hereby  repealed. 

CHAPTER  IV. 

THE   REFERENDUM. 
Public  Utilities. 

Section  1.  Every  ordinance  or  other  measure  involving  the 
lease  or  sale  of  any  public  utility,  or  the  granting  of  a  new  fran- 
chise for  the  operation  of  any  public  utility  whose  franchise  has 
expired  or  is  about  to  expire,  must  be  referred  and  submitted  to 
the  vote  of  the  electors  of  the  City  and  County  at  the  election  next 
ensuing  not  less  than  sixty  days  after  the  adoption  of  such  ordi- 
ance,  and  shall  not  go  into  effect  until  ratified  by  a  majority  of 
the  voters  voting  thereon. 

Referendum   by   Supervisors.     By   IVIayor. 

Sec.  2.  Any  ordinance  which  the  Supervisors  are  empowered  to 
pass  may  be  submitted  by  a  majority  of  the  Board  at  a  general 
election  or  at  a  special  election  called  for  the  purpose,  said  election 
to  be  held  not  less  than  thirty  days  from  the  date  of  the  call.  Any 
such  ordinance  may  be  proposed  by  one-third  of  the  Supervisors 
or  by  the  Mayor,  and  when  so  proposed  shall  be  submitted  to  the 
electors  at  the  next  succeeding  general  election. 

Referendum  by  Electors. 

Sec.  3.  No  ordinance  passed  by  the  Supervisors  granting  any 
public  utility  franchise  or  privilege,  or  authorizing  the  lease  or 
sale  of  any  lands,  or  authorizing  the  purchase  of  lands  of  more 
than  fifty  thousand  dollars  in  value  shall  go  into  effect  until  the 
expiration  of  sixty  days  from  the  date  it  becomes  final:  (a)  by 
approval  of  the  Mayor;  (&)  or  without  his  approval  by  the  expira- 
tion of  the  time  prescribed  by  this  Charter  within  which  he  may 
disapprove  it;  or  (c)  by  its  passage  by  the  Board  of  Supervisors 


Article  XI,  Clmpter  V,  Department  of  Elections.        165 

over  his  objections  in  the  event  of  such  disapproval.  At  the  end  of 
such  sixty  days  such  ordinance  shall  be  in  force  and  effect,  unless 
within  such  period  there  shall  be  filed  with  the  Election  Commis- 
sioners a  petition  signed  by  registered  voters  equal  in  number  to 
five  per  cent  of  the  entire  vote  cast  for  IMayor  at  the  last  preceding 
regular  municipal  election,  requesting  that  such  ordinance  be  sub- 
mitted to  the  electors.  In  case  such  petition  is  filed,  such  ordi- 
nance shall  not  go  into  effect  until  approved  by  a  majority  of  the 
voters  voting  thereon  at  a  general  or  special  election. 

Regulations  Governing  Petitions. 

Sec.  4  A  petition  asking  that  any  ordinance  be  submitted  to 
the  electors  shall  conform  to  the  provisions  of  Sections  2  and  3 
of  Chapter  III  of  this  Article  (the  initiative),  which  are  hereby 
made  a  part  hereof. 

Time  of  Elections. 

Sec.  5.  If  a  petition  be  filed  more  than  sixty  days  and  less 
than  ninety  days  prior  to  a  general  election,  it  shall  be  submitted 
at  such  general  election.  Otherwise  it  shall  l)e  submitted  at  the 
next  general  election  or  at  a  special  election  called  prior  thereto, 
as  the  Supervisors  shall  decide. 

Elections — How  Conducted. 

Sec.  6.  Sections  6,  7,  8,  0,  10,  11  and  15  of  Chapter  III  (the 
initiative),  so  far  as  applicable,  shall  govern  elections  held  under 
the  authority  of  this  Chapter. 

Majority  Vote. 

Sec.  7.  If  a  majority  of  the  votes  cast  on  any  ordinance  or 
measure  so  referred  to  the  electors,  as  herein  provided,  sliall  be  in 
favor  thereof,  it  shall  go  into  effect  ten  days  after  the  determina- 
tion of  the  official  count;  otherwise  it  sliall  be  repealed  and  rejected. 

Substantial  Compliance. 

Sec.  8.  A  substantial  compliance  with  the  provisifuis  of  this 
Chapter  shall  be  sufficient  for  the  lioldiTig  of  an  election  hereunder, 
and  for  the  approval  or  rejection  of  ;my  measure  submitted  tliereat. 

Repeal. 

Sec.  9.  Section  21  of  Chapter  I  of  Article;  II  of  this  Chapter 
is  hereby  repealed. 

CIIAI'TKK  V. 

THE    RECALL. 
Elected  Officials.     Ten   Per  Centum.     Statement  of  Grounds. 

Section  1.  The  Iiohh-r  of  any  ehn-tive  ofliec!  may  l)e  removed 
or  recalled  l)y  the  electors.  TIk;  jirocedurc  to  effect  such  removal 
or  recall  shall  be  as  follows:  A  petition  demanding  the  election 
of  a  successor  to  the  person  sought  to  be  removed  or  reealled  shall 
be  filed  with  the  lioard  of  JOh'ction  (J(tmmissioners.     Such  petition 


166        Charter  of  the  City  and  Comity  of  San  Francisco. 

shall  be  sigrned  by  registered  voters  equal  in  number  to  at  least  ten 
per  cent  of  the  entire  vote  east  for  Mayor  at  the  last  preceding 
general  uninicipal  election;  provided,  that  not  less  than  seven 
thousand  nor  more  than  fifteen  thousand  signatures  of  such  electors 
shall  be  required  on  such  ]ietition.  Said  petition  shall  contain  a 
statement  of  the  grounds  on  whidi  the  removal  or  recall  is  sought, 
which  statement  is  intended  solely  for  the  information  of  the 
electors.  Any  insufficiency  of  form  or  substance  in  such  state- 
ment shall  in  no  -wise  affect  the  validity  of  the  election  and  pro- 
ceedings held  hereunder.  No  recall  petition  shall  be  filed  against 
any  officer  until  he  has  actually  held  his  office  for  at  least  four 
months. 

Signatures.     Verification. 

Sec.  2.  Said  petition  shall  be  in  all  respects  in  accordance  with 
the  provisions  of  Sections  2  and  3  of  Chapter  III  (the  initiative) 
of  Article  XI  of  this  Charter,  which  sections  are  made  a  part 
hereof,  and  shall  be  examined  and  certified  by  the  Board  of  Elec- 
tion Commissioners  in  all  respects  as  in  said  sections  provided. 

Special   Election. 

Sec.  3.  Unless  the  petition  shall  he  found  insufficient  in  the 
number  of  signatures  of  registered  voters  attached  thereto,  within 
ten  daj^s  from  the  date  of  filing  the  same,  the  Board  of  Election 
Commissioners  shall  thereupon  order  and  fix  a  date  for  holding  the 
said  election,  said  date  to  be  not  less  than  thirty-five  days  nor 
more  than  fifty  days  after  the  date  of  the  order  fixing  the  date  of 
said  election.  If  a  vacancy  occur  in  said  office  after  a  recall 
petition  has  been  filed,  the  election  shall  nevertheless  proceed  as  in 
this  Chapter  provided. 
Several   Removals  at  One   Election.     Publication. 

Sec.  4.  One  petition  is  competent  to  propose  the  removal  and 
election  of  one  or  more  elective  offieals.  One  special  election  is 
competent  for  the  removal  and  election  of  one  or  more  elective 
officials.  The  Board  of  Election  Commissioners  shall  make  or 
cause  to  be  made  due  publication  of  notice  of  said  election. 
Nominations. 

Sec,  5.  Any  person  sought  to  be  removed  may  be  a  candidate 
to  succeed  himself,  and,  unless  he  requests  otherwise  in  writing, 
the  Board  of  Election  Commissioners  shall  place  his  name  on  the 
official  ballot  without  nomination.  Any  person  may  be  nominated 
for  any  office  under  such  recall  election  in  the  follo'wing  manner, 
and  not  otherwise,  to-wit :  By  filing  with  the  Board  of  Election 
Commissioners  the  petitions  of  not  less  than  ten  or  more  than 
twenty  registered  voters,  who  shall  appear  personally  before  the 
Registrar  of  Voters,  and  make  affidavit  that  in  their  judgment 
the  candidate  is  fully  qualified,  mentally,  morally  and  physically, 
for  said  office  and  should  be  elected  to  fill  it.  Such  petitions  shall 
be  filed  not  less  than  twenty-five  days  before  such  recall  election. 


Article  XI,  Chapter  V,  Department  of  Elections.         167 

Sample    Ballot.     Printed    Statements. 

Sec.  6.  Upon  the  sample  ballot  there  shall  be  printed  in  not 
more  than  three  hundred  words  the  reasons  for  demanding  the 
recall  of  the  officer  as  set  forth  in  the  recall  petition,  and  upon  the 
same  ballot  in  not  more  than  three  hundred  words  the  officer  may 
justify  his  course  in  office. 

Form   of  Ballot.     Election. 

See.  7.  Until  and  unless  there  be  some  other  method  provided 
in  this  Charter  for  the  conduct  of  a  recall  election,  such  election 
shall  be  governed,  so  far  as  applicable,  by  the  laws  governing  the 
holding  of  other  municipal  elections,  except  as  hereinafter  provided : 

(a)  The  l)allot  for  a  recall  election  shall  be  printed  in  the 
following  manner :  At  the  top  of  the  ballot  shall  appear  such  part 
of  the  instructions  to  voters  as  are  applicable  to  such  election.  Im- 
mediately below  the  instructions  to  voters  shall  be  printed  the  title 
of  the  office  or  offices  to  be  filled  in  the  order  set  forth  in  tliis 
Charter.  The  names  of  the  candidates  for  any  such  office  shall  be 
arranged  in  alphabetical  order  under  the  title  to  such  office. 

(&)  In  any  such  removal  election  the  candidate  receiving  a 
majority  of  all  the  votes  cast  for  such  office  shall  be  declared 
elected.  In  case  two  or  more  persons  are  to  be  elected  to  the  same 
office,  then  those  candidates,  equal  in  number  to  the  number  to 
])e  elected,  who  receive  the  highest  number  of  votes  for  said  office 
shall  be  declared  elected;  provided,  hoivcver,  that  no  person  sludi 
be  declared  elected  to  any  such  office  at  such  election  unless  the 
number  of  votes  received  by  him  shall  be  greater  than  one-half 
the  number  of  ballots  cast  at  such  election. 

(c)  If  no  candidate  receive  a  majority  of  all  the  votes  cast  for 
such  office  at  such  election,  a  second  election  shall  l)e  held  fourteen 
days  later.  The  Board  of  Election  Commissioners  sliall  provide 
ballots  for  such  election,  on  which  shall  be  printed  the  names  of 
the  two  candidates  for  each  office  who  received  the  highest  number 
of  votes  for  such  office  at  the  first  election,  and  no  other  names; 
provided,  that  if  more  than  one  person  is  to  be  elected  to  one  office, 
the  candidates  not  elected  at  such  first  election  equal  in  numl)er  to 
twice  the  nurnlxir  to  ])e  elected,  or  less  if  there  ho  not  so  many, 
who  received  the  highest  number  of  votes  for  such  office  at  such 
first  election,  shall  appear  in  alphabetical  order  on  such  ballots 
and  shall  be  the  only  candidates  for  such  office  at  the  second  recall 
election;  provided,  furUier,  that  if  there  l)e  any  person  who,  under 
the  provisions  of  this  section,  would  have  been  entitled  to  become 
a  candidate  for  any  office  except  for  llie  fact  that  some  oilier  can- 
didate received  an  cfpial  number  of  voles  therefor,  tli(»n  all  such 
persons  receiving  such  equal  number  of  voles  sliall  likewise  become 
caiididajes  for  such  office.  Tiie  can(lidat<>s  erpial  in  luiniber  to 
the  persons  to  I)e  elected  who  sliall  receive  the  highesf  number  of 
votes  at  such  second  election  sliall  be  <l.'cl;M-<'d  (.li'<l<'<1  fn  sii<li  nfficr. 


168         Chaiifr  of  the  CUij  and  County  of  San  Francisco. 

Removal.     Successor.     Second   Recall. 

Sec.  8.  If  some  other  person  than  the  incumbent  of  such  office 
or  offices  receive  a  majority  of  the  votes  cast  at  such  recall  election, 
or  the  hiirhest  number  of  votes  at  such  second  election,  the  incum- 
bent shall  thereupon  be  deemed  removed  from  office  upon  qualifi- 
cation of  his  successor.  The  successor  of  any  officer  so  removed 
shall  hold  office  durin<i:  the  unexpired  term  of  his  predecessor,  sub- 
ject to  removal  under  the  provisions  of  this  Chapter.  In  case  the 
person  declared  elected  should  fail  to  qualify  within  ten  days  after 
receiving  notification  of  election,  the  office  shall  be  deemed  vacant. 
If  the  incumbent  receives  a  majority  of  the  votes  cast  at  such  recall 
election  or  the  highest  number  of  votes  at  a  second  election,  he 
shall  continue  in  office.  If  such  incumbent  is  so  re-elected,  it  shall 
require  double  the  number  of  signatures  to  initiate  a  second  elec- 
tion for  his  recall ;  and  if  re-elected  at  such  second  recall  election, 
it  shall  require  three  times  the  number  of  signatures  to  initiate  a 
third  recall  election  against  such  officer  during  the  term  for  which 
he  was  elected. 

Reimbursement  for  Election  Expenses. 

Sec.  9.  If  the  incumbent  receive  a  majority  of  the  votes  at 
such  recall  election,  he  shall  be  reimbursed  out  of  the  Special 
Election  Fund  for  his  expenses  in  such  recall  election;  provided, 
that  such  payment  shall  not  exceed  the  amount  he  is  permitted  to 
spend  under  the  Purity  of  Elections  Act  now  in  force. 
Vacancies.     Disqualification. 

Sec.  10.  In  the  event  of  a  vacancy  occurring  in  any  such  office 
between  the  date  of  the  filing  of  such  petition  with  the  Board  of 
Election  Commissioners  and  the  holding  of  such  election  where 
such  petition  is  found  sufficient,  such  vacancy  shall  be  filled  in 
the  same  manner  as  other  vacancies  occurring  in  such  office,  but 
the  person  selected  to  fill  such  vacancy  shall  hold  such  office  only 
until  the  person  elected  in  accordance  with  the  provisions  of  this 
Chapter  shall  qualify.  No  person  who  has  been  recalled  from  an 
elective  office,  or  who  has  resigned  from  such  office  while  recall 
proceedings  were  pending  against  him,  shall  be  appointed  to  any 
office  within  two  years  after  such  recall  or  resignation. 
Substantial  Compliance. 

Sec.  11.     A  substantial  compliance  with  the  provisions  of  this 
Chapter  shall  be  sufficient  for  the  holding  of  an  election,  and  for 
the  removal  and  election  of  any  officer  thereunder. 
Repeal  of  Present  Provisions. 

Sec.  12.     Section  23  of  Chapter  I  of  Article  II  of  said  Charter, 
relating  to  the  recall  of  elected  officials,  is  hereby  repealed. 
In  Effect  January  8,  1912. 

Sec.  13.  This  Chapter  shall  go  into  effect  January  8,  1912. — 
Chapters  III,  IV  and  V  added  hy  amendment  November  15,  1910; 
approved  hy  the  Legislature  February  17,  1911  (Statutes,  1911, 
page  1661). 


Article  XII,  Acquisition  of  Public   Utilities.  169 

ARTICLE  XII. 
ACQUISITION  OF  PUBLIC  UTILITIES. 
Intention   of  the   People.  ^'^ 

It  is  hereby  declared  to  be  the  purpose  and  intention  of  the 
peGple  of  the  City  and  County  that  its  public  utilities  shall  be 
gradually  acquired  and  ultimately  owned  by  the  City  and  County. 
To  this  end  it  is  hereby  ordained: 

Plans    and    Estimates    of    Cost    of   Construction.     Cost   of   Water   Works. 
Sources  of  Supply.     Supervisors  to  Negotiate  for  Acquisition. 

Section  1.  Whenever  the  Board  of  Supervisors  by  ordinance, 
as  hereinafter  provided,  shall  determine  that  the  public  interest 
or  necessity  demands  the  acquisition,  construction  or  completion 
of  any  public  utility  or  utilities  by  the  City  and  County,  or  when- 
ever the  electors  shall  petition  the  Board  of  Supervisors,  as  pro- 
vided in  Section  3  of  this  Article,  for  the  acquisition  of  any  public 
utility  or  utilities,  the  Board  of  Supervisors  must  procure  from 
the  Board  of  Public  Works,  through  the  City  Engineer,  plans 
and  estimates  of  the  cost  of  original  construction  and  completion, 
by  the  City  and  County,  of  such  public  utility  or  utilities. 

In  securing  estimates  of  the  cost  of  original  construction  and 
completion  of  water  works,  by  the  City  and  County,  the  Board  of 
Supervisors  must  procure,  as  hereinabove  specified,  and  place  on 
file  plans  and  estimates  of  the  cost  of  obtaining  from  such  sources 
as  the  Board  of  Supervisors  may  designate  as  available,  a  sufficient 
supply  of  good,  pure  water  for  the  City  and  County. — As  amended 
December  4,  1902;  approved  by  the  Legislature  February  5,  1903 
(Statutes,  1903,  page  591). 
Offers  for  the  Sale  of  Utilities. 

Sec.  2.  Before  submitting  propositions  to  the  electors  for  the 
acquisition  by  original  construction  or  condemnation  of  pul)lic 
utilities,  the  Board  of  Supervisors  must  solicit  and  consider  offers 
for  the  sale  to  the  City  and  County  of  existing  utililios,  in  order 
that  the  electors  may  have  the  benefit  of  ac(|uiring  the  same  at  th(> 
h)west  possil)le  cost  thereof. — As  amended  December  1,  1902;  ap- 
proved by  the  Legislature  February  5,  J 903  (Statutes  1903,  page 
591). 

Petition    of    Electors.     Duty    of    Supervisors.     Duty    of    Clerk.     Mayor    May 

Also  Submit  Proposition.     Two  Alternative  Propositions.     Supervisor* 

May    Proceed   at  Once.    Power  of   Supervisors. 

Sec.  3.     Whenever  a  petition  or  petitions,  each  signed  i)y  eh-c- 

tors  of  the  City  and  County  equal  in  number  to  (iftcen  [)or  centum 

of  all  the  votes  cast  in  the  City  and  County  at   the  last  preeedinR 

general  election,  shall   be  presented  to  the   Bojird  (»r  Supervisors. 

setting   forth  that  the  .signers  of  such   [x'tition  or   petitions   favor 

the  acquisition  of  the  public  utility  or  utilities  therein   named,  it 

shall  be  the  duty  of  the  Clerk  of  the  Board  of  Supervis(»rs  to  imme- 


170         Chnrfo-  of  IJic  Cih/  and  County  of  San  Francisco. 

diately  proceed  to  examine  and  verify  the  signatures  to  such  petition 
or  petitions,  and  to  certify  the  result  of  sucli  examination  to  the 
Board  of  Superv'isors.  If  the  required  number  of  signatures  be 
found  to  be  genuine,  the  Clerk  shall  transmit  to  the  Mayor  an 
authentic  copy  of  such  petition  or  petitions,  without  the  signatures 
thereto. 

Upon  receiving  a  certificate  of  the  Clerk  that  the  petition  or 
petitions  contain  the  required  number  of  genuine  signatures,  it 
shall  be  the  duty  of  the  Board  of  Supervisors  to  procure,  in  the 
manner  specified  in  Section  1  of  this  Article,  plans  and  estimates 
of  the  cost  of  original  construction  and  completion  of  each  public 
utility  named  in  such  petition  or  petitions. 

Thereafter,  the  Board  of  Supervisors  shall  formulate  for  sub- 
mission to  the  electors  of  the  City  and  County  at  a  special  election 
called  for  the  purpose,  a  separate  proposition  for  the  acquisition 
of  each  public  utility  named  in  such  petition  or  petitions. 

The  ]\Iayor  shall  also  have  the  right  to  formulate  and  submit 
to  the  electors,  at  such  special  election,  a  proposition  for  the  ac- 
quisition of  each  public  utility  named  in  such  petition  or  petitions, 
separate  from  the  proposition  therefor  formulated  by  the  Board 
of  Supervisors. 

All  propositions  formulated  under  the  provision  of  this  Section 
shall  be  completed  within  six  months  after  the  filing  of  such 
petition  or  petitions. 

Nothing  in  this  Section  shall  be  so  construed  as  to  prohibit  the 
Board  of  Supervisors  from  responding  to  the  aforesaid  petition 
or  petitions  of  the  electors  requesting  the  acquisition  of  any  public 
utility  or  utilities  by  proceeding  at  once,  wdthout  the  submis- 
sion of  propositions  to  the  electors  as  aforesaid,  to  pass  an  Ordinance 
declaring  its  determination,  as  provided  in  Section  5  of  this 
Article,  to  acquire  the  same,  and  from  proceeding  thereafter  to 
secure  the  acquisition  thereof,  as  hereinafter  provided. — As 
amended  December  4,  1902;  approved  hy  the  Legislature  February 
5,  1903  (Statutes  1903,  page  591). 

Supervisors  to  Call  Special  Election  When  and  for  What  Purpose.  Ac- 
quisition Through  Annual  Revenues.  Majority  of  Electors  to  Decide. 
Acquisition  Through  Bond  Issues,  Board  to  Undertal<e  Proceedings 
When.    Two-Thirds  Vote  of  Electors  to   Decide. 

Sec,  4.  At  the  next  regular  meeting  after  the  completion  of 
the  proposition  or  propositions  for  the  acquisition  of  the  public 
utility  or  utilities  named  in  such  petition  or  petitions,  the  Board 
of  Supervisors  by  Ordinance,  as  hereinafter  in  Section  6  provided, 
shall  call  a  special  election,  at  which  the  propositions  of  the  Board 
of  Supervisors  and  of  the  Mayor,  if  he  formulate  any,  shall  be 
submitted  to  the  electors  of  the  City  and  County. 


Article  XII,  Acquisition  of  Public   Utilities.  171 

When  the  cost  of  any  public  utility  or  utilities  named  in  such 
petition  or  petitions  can  be  paid  out  of  the  annual  revenues  of 
the  City  and  County  in  addition  to  the  other  necessary  expenses 
thereof,  each  proposition  therefor,  submitted  to  the  electors,  shall 
specify  the  cost  of  the  utilit.y  therein  proposed  for  acquisition  by 
the  City  and  County,  the  proposed  method  and  manner  of  pay- 
ment thereof,  and  the  Board  of  Supervisors  shall  submit  therein 
to  the  electors  the  question  whether  the  same  shall  be  acquired 
upon  such  terms.  A  majority  of  the  electors  voting  at  such  special 
election  shall  be  necessary  to  accept  such  proposition. 

At  as  early  a  date  after  the  determination  of  the  result  of  such 
special  election  as  the  Board  of  Supervisors  shall  deem  for  the 
best  interests  of  the  City  and  County,  it  shall  undertake  proceed- 
ings and  enter  into  such  negotiations  and  contracts  as  may  be 
necessary  for  the  acquisition  of  any  public  utility  or  utilities  named 
in  any  proposition  or  propositions  accepted  by  a  majority  of  the 
electors  voting  at  such  special  election. 

If,  however,  the  cost  of  any  public  utility  or  utilities,  named 
in  any  petition  or  petitions  of  the  electors,  shall  so  far  exceed 
the  annual  revenues  of  the  City  and  County,  in  addition  to  the 
other  necessary  expenses  thereof,  as  to  render  it  necessary  to 
incur  a  municipal  bonded  indebtedness  therefor,  each  proposition 
for  the  acquisition  of  such  public  utility  or  utilities  shall  specify 
the  amount  of  the  bonded  indebtedness  necessary  therefor  and 
the  rate  of  interest  thereon,  and  the  Board  of  Supervisors  shall 
submit  to  the  electors,  at  such  special  election,  the  question  whether 
such  bonded  indebtedness  shall  be  incurred.  At  least  two-thirds 
of  the  electors  voting  at  such  special  election  sliall  l)e  necessary 
to  secure  the  acquisition  of  such  public  utility  or  utilities  and 
to  warrant  the  issuance  of  municipal  bonds  therefor.— yl.s  amended 
December  4,  1902;  approved  by  the  Legislature  February  5,  1903 
(Statutes  1903,  page  592). 

Ordinance  of  Intention  to  Be  Published  Two  Weeks.  Duty  of  Board 
When  Cost  Can  Be  Paid  Out  of  Annual  Revenues.  Incurring  of 
Municipal    Bonded    Indebtedness. 

Sec.  5.  Whcnev(!r  the  Board  ol"  Sui)ervi.sors  shall  dt'ltTiiiino 
that  the  public  interest  or  ncicessity  demaiicls  the  ;i(M|iiisiii()n, 
construction  or  comph'tion  of  any  public,  ulility  or  ulilitics,  it 
shall  specifically  declare  such  determination  by  an  Ordiiuiuce, 
which  shall  also  direct  the  Board  of  Public;  Works  to  procure  and 
file  plans  and  estimates  of  the  cost  of  original  construction  and 
completion  of  sucli  public;  utility  or  ulililics.  Such  Ordinance 
shall  be  [)ublished  for  at  least  two  weeks  in  llie  odicial  newsi)aper. 

When  the  cost  of  such  public  utilities,  or  any  of  them,  can  1)0 
I)aid  out  of  th«;  anniud  revenues  of  the  (]\\y  and  ('(»unly  in  addition 
to  the  f)ther  necessai-y  expenses  thereof,  tlu;  lioard  of  Sujx'rvisors 
shall,  as  soon  after  the  filing  of  Iln>  plans  and  estimates  of  cost 
thereof  as  it  may  deem   for   the   best   interests  of   the   ('ity   and 


172        Charter  of  the  City  and  County  of  San  Francisco. 

County,   enter   into   such   negotiations   and   contracts   as  may   be 
necessary  for  the  acquisition  of  the  same. 

If,  however,  the  cost  of  such  pul)lic  utilities,  or  any  of  them, 
shall  so  far  exceed  the  annual  revenues  of  the  City  and  County 
in  addition  to  the  other  necessary  expenses  thereof,  as  to  render 
it  necessary  to  incur  a  municipal  bonded  indebtedness  therefor, 
the  Board  of  Supervisors  shall,  at  any  regular  meeting  held  within 
eight  weeks  after  the  filing  of  the  plans  and  estimates  of  cost 
thereof,  by  Ordinance,  as  hereinafter  in  Section  6  of  this  Article 
provided,  call  a  special  election,  at  which  shall  be  submitted  to 
the  electors  a  proposition  or  propositions  for  the  acquisition  of 
such  public  utility  or  utilities.  Such  propositions  shall  specify 
the  amount  of  the  bonded  indebtedness  necessary  for  the  acqui- 
sition of  the  utility  or  utilities  therein  named  and  the  rate  of 
interest  thereon,  and  the  Board  of  Supervisors  shall  submit  to 
the  electors  the  question  or  questions  whether  such  bonded  indebt- 
edness shall  be  incurred.  At  least  two-thirds  of  the  electors  voting 
at  such  special  election  shall  be  necessary  to  warrant  the  issuance 
of  municipal  bonds  for  the  acquisition  of  such  public  utility,  or 
any  of  them. — As  amended  December  4,  1902;  approved  hy  the 
Legislature  February  5,  1903  (Statutes  1903,  page  593). 

Ordinance  Calling  Special   Election.     Questions  to  Be  Submitted. 

Sec.  G.  Whenever,  under  the  provisions  of  this  Article,  it  shall 
be  necessary  to  call  a  special  election  for  the  purpose  of  submitting 
to  the  electors  a  proposition  or  propositions  for  the  acquisition  of 
public  utilities,  the  Board  of  Supervisors  shall  pass  an  Ordinance 
calling  such  special  election  for  such  purpose. 

At  such  special  election  all  propositions  for  the  acquisition  of 
public  utilities,  formulated  under  the  provisions  of  this  Article, 
may  be  submitted  to  the  electors  of  the  City  and  County.  No 
question  except  the  acquisition  of  public  utilities  and  the  incurring 
of  municipal  indebtedness  therefor  shall  be  submitted  at  such 
special  election. — As  amended  December  4,  1902;  approved  by  the 
Legislature  February  5,  1903  (Statutes  1903,  page  594). 
Ordinance  for  Special  Election  Shall  Set  Forth  What.  Bonded  Indebt- 
edness. 

Sec.  7.  The  Ordinance  calling  such  special  election  shall  set 
forth  the  purposes  for  which  the  election  is  called,  the  estimated 
cost  of  each  utility  proposed  for  acquisition  by  the  City  and 
County,  the  proposed  method  and  manner  of  payment  thereof, 
and  shall  fix  a  day  on  which  such  special  election  shall  be  held, 
the  manner  of  holding  such  election  and  the  manner  of  voting 
for  or  against  each  proposition  thereat  submitted  to  the  electors; 
and,  if  it  shall  be  necessary  to  incur  a  municipal  indebtedness  for 
any  utility  or  utilities  therein  proposed  for  acquisition  by  the 
City  and  County,  the  Ordinance  shall  specify  the  objects  and 
purposes  for  which  such  indebtedness  is  proposed  to  be  incurred, 
and  that  bonds  of  the  City  and  County  shall  issue  for  the  pay- 


Article  XII,  Acquisition  of  Public  Utilities.  173 

ment  of  the  cost  of  such  utility  or  utilities,  as  in  such  Ordinance 
set  forth  (if  the  proposition  or  propositions  therefor  be  accepted 
by  the  electors).  Such  election  shall  be  held  as  provided  by  law 
for  holding  elections  in  the  City  and  County, — As  amended  Decem- 
ber 4,  1902;  approved  by  the  Legislature  February  5,  1903  (Stat- 
utes 1903,  page  59 i). 

Publication  of  Ordinance  for  Ten  Days.  Notice  of  Election  for  Fourteen 
Days. 

Sec.  8.  Such  Ordinance  shall  be  published  daily  for  at  least 
ten  days  in  the  official  newspaper.  At  the  expiration  of  said  ten 
days  the  Supervisors  shall  cause  to  be  published  daily  for  not 
less  than  two  weeks  in  the  official  newspaper  a  notice  of  such 
special  election.  Such  notice  shall  specify  the  purpose  for  which 
the  indebtedness  is  to  be  incurred,  the  number  and  character  of 
the  bonds  to  be  issued,  the  rate  of  interest  to  be  paid,  and  the 
amount  of  tax  levy  to  be  made  for  the  payment  thereof. — As 
amended  December  4,  1902;  approved  by  the  Legislature  February 
5,  1903  (Statutes  1903,  page  594). 
Limit  of  Indebtedness. 

Sec,  9.  No  indebtedness  shall  be  incurred  for  the  acquisition 
of  any  public  utilities  under  the  provisions  of  this  Article,  which, 
together  with  the  existing  bonded  indebtedness  of  the  City  and 
County,  shall  exceed  at  any  one  time  fifteen  per  centum  of  the 
assessed  value  of  all  real  and  personal  property  in  the  City  and 
County;  provided,  that  any  bonded  indebtedness  which  may  be 
incurred  under  the  provisions  of  Section  29a  of  Article  XVI  of 
the  Charter,  in  aid  of  an  exposition  to  celebrate  the  completion 
of  the  Panama  Canal,  shall  be  exclusive  of  the  bonded  indebted- 
ness of  the  City  and  County  limited  by  this  Section. — As  amended 
November  15, 1910;  approved  by  the  Legislature  February  17, 1911 
(Statutes,  1911,  page  1661). 

Bonds  for  Acquisition  of  Public  Utilities.  Form.  Denomination.  How 
Sold.  Proceeds  of  Sale:  to  What  Applied.  Unsold  Bonds.  Unsold 
Bonds   Heretofore   Issued.     Registered   Bonds. 

Sec.  10.  The  bonds  issued  under  the  provisions  of  this  Article 
shall  be  of  such  form  as  the  Supervisors  in  the  ordinance  calling 
the  election  therefor  shall  (hitcrmiiie;  but  such  bonds  shall  be 
payable,  interest  and  principal,  in  gold  coin  of  tlie  United  Slates. 
Tlie  interest  on  such  bonds  shall  not  exceed  5  per  cent  per  annum, 
and  they  shall  be  rt^dccmed  at  su(tli  times  and  in  such  amounts  a.s 
the  Supervisors  shall  determine,  as  set  forth  in  the  ordinance 
calling  the  special  election;  provided,  that  redemption  of  such 
bonds  shall  begin  in  not  more  than  eighteen  years  and  shall  be 
completed  in  not  more  than  seventy-live  years  from  the  date  of 
the  issue. 

The  bonds  so  issued  shall  be  (ixcmpi  fntm  ;ill  taxation  for 
municipal  jturposcs  and  shall  be  issued  in  dfnoinin.itions  (»f  not 
less  than  ten  dollars  and  not  more  than  one  thousand  dollars,  and 


174        Charter  of  the  Cittj  and  County  of  San  Francisco. 

preference  in  the  sale  and  allotment  thereof  shall  be  given  to 
subscribers  for  the  smallest  amounts  and  the  lowest  denominations. 

The  Supervisors  shall  fix  the  times  and  places  at  which  the  pay- 
ment of  interest  or  principal  may  be  made. 

Such  bonds  when  issued  may  be  sold  by  the  Supervisors  from 
time  to  time,  as  required,  and  in  such  quantities  as  they  may 
determine.  When  such  bonds  are  offered  for  sale  they  shall  be 
advertised  in  the  ofiicial  paper  and  otherwise  if  so  ordered  by 
the  Supervisors  and  sealed  proposals  for  the  purchase  of  the 
whole  or  any  part  thereof  offered  shall  be  opened  at  the  time 
specified  in  such  advertisements.  All  proposals  for  the  purchase 
of  such  bonds  shall  be  accompanied  by  a  deposit  of  5  per  cent 
of  the  amount  bid  in  lawful  money  of  the  United  States  or  by 
a  deposit  of  a  certified  check  payable  to  the  Clerk  of  the  Board 
of  Supervisors  of  the  City  and  County  for  a  like  sum;  provided, 
that  no  deposit  need  exceed  the  sum  of  ten  thousand  dollars,  and 
that  no  deposit  need  be  given  by  the  State  of  California,  w^hich 
money  or  check  shall  be  forfeited  by  the  bidder  in  case  he  fails 
to  accept  and  pay  for  the  bonds  bid  for  by  him  if  his  bid  is 
accepted.  Bonds  shall  be  sold  to  the  highest  bidder  for  not  less 
than  par,  but  the  Supervisors  shall  have  the  right  to  reject  any 
or  all  bids  made  for  the  purchase  thereof.  If  less  than  the  amount 
of  bonds  offered  shall  be  sold,  the  Supervisors  may,  with  the  con- 
currence of  fourteen  members  and  the  Mayor,  place  such  unsold 
bonds  on  sale  at  the  City  Treasury,  or  at  branches  thereof  estab- 
lished by  the  Treasurer  for  public  convenience;  and  such  bonds 
may  be  sold  to  any  applicant  at  such  prices  as  may  be  fixed  by 
the  Supervisors;  provided,  that  such  prices  shall  not  be  less  than 
par  and  accrued  interest. 

The  proceeds  of  any  sale  of  bonds  shall  be  placed  in  the  treasury 
to  the  credit  of  the  proper  fund,  and  shall  be  applied  exclusively 
to  the  purposes  and  objects  mentioned  in  the  ordinance  authorizing 
their  i.ssue  until  such  objects  are  fully  accomplished;  after  which, 
if  any  surplus  remains,  such  surplus  may  be  transferred  to  the 
general  fund,  except  that  if  such  surplus  exceeds  the  sum  of  two 
thousand  dollars,  then  such  surplus  and  the  whole  thereof  shall 
be  transferred  to  the  appropriate  fund  or  funds  to  pay  the  interest 
and  maintain  the  sinking  fund  or  provide  for  the  retirement  of 
the  bonded  indebtedness  in  connection  with  which  such  surplus 
remains. 

If  the  bonds  or  any  of  them  offered  for  sale  shall  remain  unsold 
the  Supervisors  may  so  declare,  and  may,  with  the  concurrence 
of  fourteen  members  and  the  Mayor,  cancel  such  unsold  bonds; 
provided,  that  no  bonds  shall  be  canceled  as  aforesaid  unless  the 
.same  have  been  offered  for  sale  by  advertisement,  as  above  provided, 
at  least  three  separate  times  at  intervals  of  not  less  than  thirty 
days;  and,  provided,  that  no  such  bonds  shall  be  canceled  by  the 
Supervisors  as  aforesaid  for  which  par  or  above  has  been  bid  by 
any  bona  fide  responsible  bidder  or  bidders. 


Article  XII,  Acquisition  of  Public  Utilities.  175 

The  provisions  of  this  Section,  regarding  the  cancellation  of 
unsold  bonds,  shall  apply  to  any  bonds  that  have  been  heretofore 
issued  or  to  any  bonds  that  have  been  heretofore  authorized  by  a 
vote  of  the  electors  of  the  City  and  County  under  this  Section  or 
under  Section  20  of  Article  XVI  of  this  Charter,  and  that  remain 
unsold  after  efforts  to  sell  the  same  shall  have  been  made  as  above 
provided. 

Whenever  the  owner  of  any  coupon  bond,  or  of  any  bond  pay- 
able to  bearer,  already  issued  or  hereafter  issued  by  the  City  and 
County  shall  present  any  such  bond  to  the  Treasurer  with  a  request 
for  the  conversion  of  such  bond  into  a  registered  bond,  such  Treas- 
urer shall  cut  off  and  cancel  the  coupons  of  any  such  coupon  bond 
so  j)resented,  and  shall  stamp,  print  or  write  upon  such  coupon 
b(md  or  such  other  bond  payable  to  bearer,  so  presented,  either  upon 
the  back  or  upon  the  face  thereof,  as  may  be  convenient,  a  state- 
ment to  the  effect  that  the  said  bond  is  registered  in  the  name  of 
the  owner,  and  that  thereafter  the  interest  and  principal  of  said 
bond  are  payable  to  the  registered  owner.  Thereafter,  and  from 
time  to  time,  any  such  bend  may  be  transferred  by  such  registered 
owner  in  })erson,  or  by  attorney  duly  authorized,  on  presentation 
of  such  b(md  to  Treasurer,  and  the  bond  be  again  registered  as 
before,  a  similar  statement  being  stamped,  printed  or  written 
thereon.  Such  statement  stamped,  printed  or  written  upon  any 
such  bond  may  be  in  substantially  the  following  form  -. 

(Date — giving  month,  year  and  day.) 

This  bond  is  registered  pursuant   to   Charter  of  the   City  and 

County  of  San  Francisco,  State  of  California,  in  the  name  of 

(here  insert  name  of  owner),  and  tin;  interest  and  i)rincipal  thereof 

are  hereafter  payable  to  such  owner. 

Treasurer. 

After  any  bond  .shall  have  been  registered  as  aforesaid,  the 
principal  and  interest  of  such  bond  shall  be  payable  1o  the  regis- 
tered owner.  Sucli  Treasurer  shall  keep  in  his  office  a  l)ook  or 
books  which  shall,  at  all  times,  show  what  bonds  are  registered 
and  in  who.se  names,  respectively. — A"f  amended  November  .I,  1907 ; 
approved  by  the  Lerjislahire  November  22,  L907  (Shituhs  Sixrial 
Session,  J 907,  page  15). 

Supervisors  to  Sell  Library  Bonds. 

Sec.  10a.  The  Hoai-d  ol'  Su|)crvisors  is  hei-eby  authorized  to  sell 
certain  bonds  authorized  at  au  eledioti  held  Seplemher  L'D.  I'M):?, 
and  described  as  "Library  lionds,"  (l;it.<l  .Inly  1,  1!HI|,  below  the 
par  value  there(»f,  such  price,  however,  not  to  he  less  than  that 
which  will  net  the  purchaser  four  and  one-half  |)er  cent  jx'r  annum 
according  to  the  standarrl  table  of  hond  values.  The  signatures 
of  the  officers  in  office  at  the  time  such  bonds  were  dated  aflixed 
to  such  bonds  shall  be  sufficient  to  eslahlish  their  validity. — Nnv 
Section  added  hij  amendment  December  10,  J912;  approved  bif  flic 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 


176         Charter  of  the  City  and  County  of  San  Francisco. 

Signatures.     Coupons. 

Soi'.  11.  Such  bi)iuls  shall  be  signed  by  the  IMayor  and  the 
Treasurer,  and  shall  be  countersigned  by  the  Auditor.  The  coupons 
shall  be  numbered  consecutively  and  signed  by  the  Treasurer,  and 
the  bonds  and  coupons  shall  be  payable  at  the  office  of  the  Treas- 
urer.— As  atnoidcd  December  1,  1902;  approved  by  the  Legislature 
February  5,  1903  (Statutes  1903,  page  595). 

Levy  of  Tax  to  Pay  Annual   Interest  on   Bonds. 

Sec.  12.  At  the  time  of  levying  the  municipal  tax,  and  in  the 
manner  provided  for  such  tax  levy,  the  Supervisors  shall  levy 
and  collect  annually  a  tax  sufficient  to  pay  the  annual  interest  on 
such  bonds,  and  also  such  part  of  the  bonded  municipal  indebt- 
edness as  will  fall  due  within  the  succeeding  fiscal  year,  and  as 
may  be  necessary  to  provide  for  the  sinking  fund  payments  of 
the  next  succeeding  fiscal  year;  provided,  that  when  the  interest 
and  sinking  fund  payments  for  any  fiscal  year  on  the  bonds  issued 
for  any  public  utility  can  be  met  out  of  the  surplus  earnings  of 
such  public  utility  for  the  preceding  fiscal  year,  no  tax  shall  be 
levied  for  such  purpose.  Such  taxes  shall  be  in  addition  to  all 
other  taxes  levied  for  municipal  purposes,  and  shall  be  collected 
at  the  same  time  and  in  the  same  manner  as  other  municipal  taxes 
are  collected. — As  amended  November  5,  1907;  approved  by  the 
Legislature  November  22,  1907  (Statutes  Special  Session,  1907, 
page  17). 

Penalty  for  Failure  to   Enforce  This  Article. 

Sec.  13.  A  neglect  or  refusal  on  the  part  of  the  Supervisors 
to  comply  with  the  provisions  of  this  Article  shall  constitute  cause 
for  the  removal  from  office  of  any  member  or  members  of  the 
Board  guilty  of  such  neglect  or  refusal. — As  amended  December 
4,  1902;  approved  by  the  Legislature  February  5,  1903  (Statutes, 
1903,  page  596). 

Power  to  Acquire  Public  Utilities. 

Sec.  14.  The  City  and  County  shall  have  power  to  acquire 
construct  or  complete  any  public  utility  from  funds  derived  from 
taxes  levied  for  that  purpose,  or  from  funds  derived  from  the 
sale  of  bonds  issued  for  that  purpose,  as  is  provided  in  this  Charter, 
and  may  operate,  maintain,  sell  or  lease  the  same,  subject  to  the 
other  provisions  and  limitations  of  this  Charter. 
Acquisition  of  Lands  for  Water  Purposes. 

Sec.  15.  The  Supervisors  shall  have  power,  in  the  name  and 
for  the  benefit  of  the  City  and  County,  to  acquire  by  purchase  or 
condemnation,  subject  to  the  conditions  and  limitations  in  this 
Charter  and  the  general  laws  of  the  State  prescribed,  any  lands 
situated  within  the  State  of  California  necessary  for  constructing 
or  maintaining  canals,  aqueducts,  reservoirs,  tunnels,  flumes, 
ditches,  or  pipes  for  conducting  or  storing  water  for  the  use  of 
the  City  and  County,  or  the  inhabitants  thereof. 


Article  XII,  Acquisition  of  Public  Utilities.  177 

Disposition  of  Receipts  From   Public  Utilities. 

Sec.  16.  1.  Whenever  any  public  utility  shall  be  operated  by 
the  City  and  County,  the  receipts  from  such  utility  shall  be  paid 
daily  into  the  city  treasury,  and  maintained  in  a  special  fund  set 
aside  for  such  utility.  The  Supervisors  may,  from  time  to  time, 
make  appropriations  from  such  funds  for  the  following  purposes : 

(o)     For  the  payment  of  the  operating  expenses  of  such  utility; 

(&)     For  repairs  and  reconstruction; 

(c)  For  payment  of  interest  and  sinking  fund  on  the  bonds 
issued  for  the  acquisition  or  construction  of  such  utility; 

{d)     For  extensions  and  improvements; 

(e)     For  a  reserve  fund. 
Reserve   Fund. 

2.  Whenever  the  Reserve  Fund  shall  exceed  one-half  of  the 
payment  for  operating  expenses  in  the  preceding  fiscal  year,  the 
Supervisors  shall  have  the  power  to  appropriate  such  excess  to 
the  General  Fund. 

Books  of  Account. 

3.  The  City  and  County,  when  owning  any  public  utility,  shall 
keep  the  books  of  account  for  such  public  utility  distinct  from 
other  City  and  County  accounts,  and  in  such  manner  as  to  show 
the  true  and  complete  financial  results  of  such  municipal  owner- 
ship, or  ownership  and  operation,  as  the  case  may  be.  Such 
accounts  shall  be  so  kept  as  to  show  the  actual  cost  to  the  City 
and  County  of  the  public  utility  owned;  all  costs  of  maintenance, 
extension  and  improvement;  all  operating  expenses  of  every  de- 
scription, and,  in  case  of  such  municipal  operation,  the  amounts 
set  aside  for  Sinking  Fund  purposes.  If  any  service  shall  be 
furnished  for  the  use  of  such  public  utility  without  charge,  the 
accounts  shall  show  as  nearly  as  possible  the  value  of  such  service, 
and  also  the  value  of  such  similar  service  rendered  by  the  public 
utility  to  any  other  municipal  department  without  charge;  such 
accounts  shall  also  show  reasonable  allowances  for  interest,  depre- 
ciation and  insurance,  and  also  estimates  of  the  amount  of  taxes 
that  would  be  chargeable  against  such  property  if  owned  by  a 
private  corporation.  The  Supervisors  shall  cause  to  be  printed 
annually  for  public  distribution  a  report  showing  llie  linamtial 
results,  in  form  as  aforesaid,  of  such  municipal  ownership  and 
operation.  The  accounts  of  such  public  utility,  kept  as  aforesaid, 
shall  be  examined  at  least  once  a  year  by  an  expert  accountant, 
who  shall  report  to  the  Supervisors  the  result  of  his  examination. 
Such  expert  accountant  shall  be  selected  in  such  manner  as  the 
Supervisors  may  dire(!t,  and  lu;  shall  rcM-eivi;  for  his  services  such 
compensation,  to  be  paid  out  of  tlu;  income  or  revcinues  from  such 
public  utility,  as  tlu;  Supervisors  may  prescribe. — Sections  14,  15, 
16  added  by  amendmeyil  adopted  November  5,  1907 ;  approved  by 
the  Legislature  November  23,  1907  (Statutes  Special  Session,  1907, 
page  37). 


ITS         (liarfcr  of  (he  Citjf  and  Conntij  of  San  Francisco. 

ARTICLE  XITT. 
CIVIL  SERVICE. 

Appointment   and    Removal   of  Commissioners. 

Soi'tion  1.  Tho  IMayor  shall  appoint  three  persons  as  Civil 
Service  Commissioners,  who  shall  c(mstitiite  the  Civil  Service  Com- 
mission. The  persons  so  appointed  shall,  before  taking  office, 
make  under  oath,  and  file  in  the  office  of  the  County  Clerk,  the 
following  declaration:  "I  am  opposed  to  appointments  to  the 
(^ivil  Servif'e  as  a  reward  for  political  activity,  and  will  execute  the 
duties  of  Civil  Service  Commissioner  in  the  spirit  of  this  declara- 
tion." The  term  of  one  Commissioner  shall  terminate  at  twelve 
o'clock  noon,  July  1,  1915;  the  term  of  another  shall  terminate  at 
twelve  o'clock  noon,  July  1,  1917,  and  the  term  of  another  shall 
terminate  at  twelve  o'clock  noon,  July  1,  1919.  On  the  expiration 
of  the  term  of  any  such  Commissioner  the  Mayor  shall  appoint  a 
successor  with  like  qualifications  to  serve  as  a  Commissioner  for  a 
term  of  six  years.  Each  of  the  Commissioners  shall  receive  an 
annual  salary  of  twelve  hundred  dollars.  The  Commissioners  may 
1)6  removed  from  office  in  the  same  manner  as  are  elective  officers 
of  the  City  and  County,  and  not  otherwise.  The  Supervisors  shall 
appropriate  annually  not  less  than  twelve  thousand  five  hundred 
dollars  for  the  expenses  of  the  Commission,  and  not  less  than  five 
thousand  dollars  additional  for  the  inspection  service  provided  in 
Section  14  of  this  Article. — As  amended  December  10,  1912;  ap- 
proved by  the  Legislature  March  28,  1913  (Statutes,  1913,  page 
1602). 

Schedule. 

This  amendment  shall  take  effect  upon  its  ratification  by  the 
Legislature;  provided,  that  the  provisions  of  Section  1  with  respect 
to  the  appointment  of  Civil  Service  Commissioners  shall  take  effect 
on  the  dates  specified  as  follows :  The  term  of  the  successor  to  the 
Commissioner  whose  term  expires  January  8,  1913,  shall  expire 
July  1,  1915 ;  the  successor  to  the  Commissioner  whose  term  expires 
January  8,  1914,  shall  be  appointed  for  the  term  ending  July  1, 
1917,  and  the  successor  to  the  Commissioner  whose  term  expires 
January  8,  1915,  shall  be  appointed  for  the  term  ending  July  1, 
1^1^.— Adopted  December  10,  1912;  approved  by  the  Legislature 
March  28,  1913  (Statutes,  1913,  page  1602). 
Classified  Service. 

Sec.  2.  The  Commissioners  shall  classify,  in  accordance  with 
duties  attached  thereto,  all  places  of  employment  in  or  under  the 
offices  and  departments  of  the  City  and  County,  not  exempted 
under  Section  11  of  this  Article,  or  which  may  be  created  hereafter 
and  not  specifically  exempted  by  this  Charter.  The  Commissioners 
may  grade,  and  from  time  to  time  regrade,  the  positions  covered 
by  any  class,  in  accordance  with  salaries  and  duties,  to  the  end 
that  like  salaries  shall  be  paid  for  like  duties.     The  Commissioners 


Article  XIII,  Civil  Service.  179 

may  from  time  to  time  provide  by  rule  for  the  manner  in  which 
such  positions  shall  he  filled.  New  positions  when  created  shall  be 
classified,  graded  and  filled  in  accordance  with  these  provisions. 
Before  anj'-  new  position  is  created,  the  authority  creating  such 
position  shall  secure  from  the  Civil  Service  Conunission  the  proper 
designation  of  such  position,  and  the  title  of  such  position  shall 
correspond  with  the  classifications  adopted  in  accordance  with  the 
provisions  of  this  Section.  In  other  than  the  Bureaus  of  Engineer- 
ing and  Architecture  no  appointee  shall  hold  a  position  carrying 
a  salary  above  the  maximum  established  for  the  grade  for  whicli 
he  has  qualified  except  by  securing  such  promotional  rating  as 
the  Commission  shall  direct.  Any  classification  or  grading  may 
be  amended  or  abolished  by  the  Commission,  and  classes  calling  for 
similar  qualifications  may  be  consolidated,  but  persons  who  have 
been  appointed  from  any  such  class  shall  retain  any  position  law- 
fully held  thereunder  so  long  as  such  position  is  maintained  unless 
removed  in  accordance  with  the  provisions  of  Section  12.  The 
places  of  employment  not  exempted  shall  constitute  the  classified 
civil  service  of  the  City  and  County,  and  no  appointment  to  any 
such  place  shall  be  made  except  in  accordance  with  the  provisions 
of  this  Article  and  the  rules  adopted  thereunder  by  the  Civil  Service 
Commission. — As  amended  December  10,  1912;  approved  by  the 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 
Rules   of   Commissioners. 

Sec.  3.  The  Commissioners  shall  make  rules  to  carry  out  the 
purposes  of  this  Article,  and  for  examinations,  appointments,  pro- 
motions and  removals,  and  in  accordance  with  its  provisions  may 
from  time  to  time  make  changes  in  the  existing  rules.  All  rules 
and  all  changes  therein  shall  l)e  forthwith  printed  for  distributi(m 
by  the  Commissioners. 
Examination    of  Applicants. 

Sec.  4.  All  applicants  for  places  in  tlie  classified  civil  service 
shall  be  subjected  to  examination,  wliich  shall  be  public;,  com- 
petitive and  free.  Such  examinations  shall  be  practical  in  tlieir 
character,  and  shall  relate  to  those  matters  only  which  will  fairly 
test  the  relative  capacity  of  the  jjcrsons  examined  to  discharge 
the  duties  of  the  positions  to  which  they  seek  to  be  appointed, 
and  shall  include,  when  appropriate,  tests  of  physical  qunli(i(';iti(»ns, 
health,  and  of  manual  or  professional  skill. 
Examinations. 

Sec.  5.  The  Commissioners  shall  control  all  cxaiiiiiinlions,  mtuI 
may,  whenever  an  exaiiiinjition  is  to  take  i)lace,  designate  a  suit- 
able number  of  persons,  either  in  or  not  in  the  olTicial  service  of 
the  City  and  County  to  be  examiners;  and  if  in  the  official  service 
it  shall  be  a  part  of  their  official  duty,  without  extra  compensation, 
to  conduct  such  exatninations  as  the  (Jonnnissioners  m;iy  dircid,  and 
to  make  return  and  report  thereof  to  the  Commissioners.  The  ('om- 
missioners  may  substitute  any  other  jjorson,  vvh(!ther  in  or  not  in 


180        Charter  of  the  City  and  County  of  San  Francisco. 

such  servioo,  in  the  place  of  any  one  so  selected,  or  may  them- 
selves act  as  such  examiners.  Applicants  for  positions  in  the  me- 
chanical trades  and  occupations  may,  in  the  discretion  of  the 
Commission,  be  rated  solely  on  experience  and  physical  qualifica- 
tions, which  may  be  demonstrated  by  such  evidence  and  in  such 
manner  as  the  Commission  may  direct;  and  the  applicants  may  be 
submitted  to  such  further  tests  as  the  Commission  may  require. 
Examination  of  laborers  shall  relate  only  to  physical  qualifications 
and  experience,  and  laborers  establishing  their  fitness  shall  rank 
upon  the  register  in  order  of  priority  of  application.  No  question 
in  any  examination  shall  relate  to  political  or  religious  opinions  or 
affiliations. — As  amended  December  10,  1912;  approved  by  the 
Legislature  March  28, 1913  (Statutes,  1913,  page  1602). 
Notice   of    Examinations. 

Sec.  6.  Notice  of  the  time,  place  and  general  scope  of  every 
examination  shall  be  given  by  the  Commissioners  by  publication 
for  two  weeks  preceding  such  examination  in  the  oiificial  newspaper, 
and  such  notice  shall  also  be  posted  by  the  Commissioners  in  a  con- 
spicuous place  in  their  office  for  two  weeks  before  such  examina- 
tion. Such  further  notice  of  examination  shall  be  given  as  they 
may  prescribe. 
Registers  of  Each  Class  of  Positions. 

Sec.  7.  From  the  returns  of  the  examiners,  or  from  the  exami- 
nations made  by  the  Commissioners,  the  Commissioners  shall  pre- 
pare a  register  for  each  grade  or  class  of  positions  in  the  classified 
service  of  the  City  and  County  of  the  persons  whose  general  aver- 
age standing  upon  examination  for  such  grade  or  class  is  not  less 
than  the  minimum  fixed  by  the  rules  of  the  Commissioners,  and 
who  are  otherwise  eligible.  Such  persons  shall  take  rank  upon 
the  register  as  candidates  in  the  order  of  their  relative  excellence, 
as  determined  by  examination,  without  reference  to  priority  of  time 
of  examination. 
Provision   for  the   Disabled. 

Section  73/^.  When  a  civil  service  employee  other  than  members 
of  the  Police  and  Fire  Departments  who  has  served  three  years 
in  his  position  has  become  incapable  through  age,  accident  or 
other  disability  of  satisfactorily  performing  the  duties  of  the 
positions  covered  by  the  class  in  which  he  has  qualified,  the  Civil 
Service  Commission  may,  in  its  discretion,  at  the  request  of  the 
appointing  power,  authorize  his  transfer  to  another  class  whose 
duties  are  within  his  capacity,  and  may,  by  a  unanimous  vote 
order  that  he  be  preferred  for  appointment  to  a  designated  po- 
sition ;  but  such  position  shall  be  one  having  a  smaller  compensa- 
tion than  the  position  from  which  he  may  be  transferred,  and  the 
compensation  shall  not  be  increased  subsequent  to  his  appointment 
thereto. — New  Section  added  by  amendment  December  10,  1912; 
approved  by  the  Legislature  March  28,  1913  (Statutes,  1913,  page 
1602). 


Article  XIII,  Civil  Service.  181 

Promotions,    Basis   of. 

Sec.  8.  The  Commissioners  shall  provide  for  promotion  in  the 
classified  service  on  the  basis  of  ascertained  merit  and  standing 
upon  examination;  and  shall  provide,  wherever  practicable,  that 
vacancies  shall  be  filled  by  promotion.  All  examinations  for  pro- 
motions shall  be  competitive  among  such  members  of  the  next  lower 
rank,  as  established  by  the  Commissioners,  as  desire  to  submit 
themselves  to  such  examinations.  The  Commissioners  shall  submit 
to  the  appointing  power  the  names  of  not  exceeding  three  appli- 
cants having  the  highest  rating  for  each  promotion. — .4s  amended 
December  10,  1912;  approved  by  the  Legislature  March  28,  1913 
(Statutes,  1913,  page  1602). 

Duty  of   Heads  of   Departments — Candidates   Highest  on    Register. 

Sec.  9.  Whenever  a  position  classified  under  this  Article  is 
to  be  filled,  the  head  of  the  department  or  office  controlling  such 
position  shall  notify  the  Commission  of  that  fact,  and  the  Com- 
mission shall  then  certify  to  the  appointing  officer  the  name  and 
address  of  one  or  more  candidates  in  the  discretion  of  the  (-om- 
mission,  but  not  exceeding  three,  standing  highest  upon  the  register 
for  the  class  or  grade  to  which  the  position  belongs.  In  making 
certification  for  employment  sex  shall  be  disregarded,  except  when 
some  statute,  the  rules  of  the  Commission,  or  the  appointing  power 
specifies  sex.  The  Commission  shall  not  certify  the  name  of  any 
person  who  in  the  judgment  of  the  Commission  is  not  of  good 
moral  character,  or  who  has  secured  a  place  upon  the  eligible  lists 
by  fraud,  concealment  of  fact,  or  by  violation  of  the  rules  of  the 
Commission ;  and  having  certified  such  person  shall  cancel  such 
certification ;  and  the  Commission  shall  remove  the  name  of  any 
sucji  person  from  all  civil  service  registers. — As  amended  Deeem- 
ber  10, 1912;  approved  by  the  Legislature  March  28,  1913  (Slafutea, 
1913,  page  1602). 

Appointments    on    Probation.     Conditions    of    Discharge.     Temporary    Ap- 
pointments. 

Sec.  10.  Tlie  ap[)oinling  orticrr  sliall  notify  the  ( 'omiiiissioners 
of  each  position  to  bt;  filled  separately,  and  shall  fill  such  pla<'e  by 
the  appointment  of  one  of  the  persons  cerliliecl  to  him  hy  the  C(tni 
mi.ssioners  therefor.  Suc-h  api)ointment  shall  be  on  probation  for 
a  period  to  be  fixed  by  the  rules  of  the  (yommissioners;  l)nt  such 
rules  shall  not  fix  such  period  at  exceeding  six  months.  IMie  (Com- 
missioners may  strike  otT  names  of  candidates  from  the  register 
after  they  have  remained  thereou  more  than  two  years.  At  or 
before  the  exi)iration  of  the  jieriod  of  probation,  the  head  of  the 
department  or  office  in  which  a  candidate  is  employed  nmy,  by  and 
with  the  consent  of  the  (jonwnissioners,  discharge  him  iipon  assign- 
ing in  writing  his  reason  therefor  to  the  ('ominissionerH.  Tf  he  is 
not  then  discharged  his  appointment  Hhall  be  deemed  complete. 
To  prevent  the  Htop|)age  of  puldie  business,  or  to  meet  extraordi- 
nary exigencies,  the  he;i(|  (if  any  depart imdi  or  office  may,  with  the 


182        Charter  of  the  City  and  County  of  San  Francisco. 

approval  of  the  Commissioners,  make  temporary  appointments,  to 
remain  in  force  not  exceeding  sixty  days,  and  only  until  regular 
ai)poiutments,  under  the  provisions  of  this  Article,  can  be  made. 
Departments   Governed   by  This  Article. 

Section  11,  Subdivision  A.  The  provisions  of  this  Article  shall 
apply  to  the  following  offices  and  departments  of  the  City  and 
County.  The  County  Clerk,  the  Assessor,  the  Tax  Collector,  the 
Sheriff,  the  Auditor,  the  Recorder,  the  Treasurer,  the  Coroner, 
the  Clerks  and  Stenographers  of  the  Justices'  and  Police  Courts,  the 
Board  of  Public  Works,  the  Police  Department,  the  Fire  Depart- 
ment, the  Board  of  Election  Commissioners,  the  Board  of  Health, 
the  Department  of  Electricity,  the  Board  of  Supervisors,  the 
Civil  Service  Commission,  and  all  boards  and  departments  con- 
trolling public  utilities,  but  the  following  deputies,  clerks  and  em- 
ployees in  said  offices  and  departments  shall  be  exempted  there- 
from: the  Chief  Deputy  of  the  County  Clerk;  the  Chief  Deputy 
and  the  Deputy  designated  as  the  Cashier  of  the  Assessor;  the 
Chief  Deputy  and  the  Cashier  of  the  Tax  Collector ;  four  Deputies 
of  the  Sheriff  designated  as  the  Under-Sheriff,  the  Chief  Book- 
keeper, the  Attorney,  and  the  Cashier;  the  Deputy  Auditor;  the 
Chief  Deputy  of  the  Recorder;  four  employees  of  the  Treasurer 
designated  as  the  Cashier,  the  Chief  Deputy,  one  Assistant  Deputy 
designated  as  a  Bond  Deputy,  and  one  Clerk ;  the  Chief  Deputy  and 
the  Autopsy  Physician  of  the  Coroner ;  the  City  Engineer ;  the  Sec- 
retary of  the  Board  of  Public  Works ;  the  City  Architect ;  the  Regis- 
trar of  the  Board  of  Election  Commissioners;  the  Justices'  Clerk; 
the  Chief  of  Police ;  the  Chief  Engineer  and  Secretary  of  the  Fire 
Department ;  the  Chief  of  the  Department  of  Electricity ;  the  Clerk 
of  the  Board  of  Supervisors ;  all  physicians  appointed  by  the  Board 
of  Health;  persons  appointed  by  the  Mayor  under  the  authority  of 
this  Charter ;  the  Chief  Deputy  and  the  head  of  any  Bureau  or  De- 
partment created  by  this  Charter  or  by  ordinance ;  the  Chief  Exam- 
iner and  special  examiners  appointed  by  the  Civil  Service  Commis- 
sion, and  persons  employed  by  the  Commission  to  exercise  the 
authority  conferred  by  Section  14  of  this  Article;  the  Manager  or 
Superintending  head  of  each  public  utility ;  attorneys  and  physicians 
employed  to  perform  duties  included  in  their  profession;  persons 
employed  by  the  Board  of  Supervisors  for  temporary  service  in  po- 
sitions requiring  high  technical  skill ;  persons  employed  in  positions 
having  a  confidential  relation  to  the  head  of  the  Department  in 
which  the  employment  is  held,  but  not  more  than  one  such  position 
shall  be  established  in  any  Department ;  persons  employed  on  public 
works  outside  the  City  and  County.  Any  person  who  has  served 
in  any  position  in  the  office  of  the  Assessor,  the  Coroner,  the  Re- 
corder, the  County  Clerk,  the  Sheriff,  the  office  of  the  Justices' 
Clerk,  the  Board  of  Supervisors  or  the  Treasurer  for  a  period  of 
one  year  continuously  prior  to  the  approval  of  this  amendment  and 
who  shall  be  actually  employed  in  any  of  said  offices  at  such 
time  is  hereby  declared  to  be  appointed  within  the  provisions  oE 


Article  XIII,  Civil  Service.  183 

Article  XIII  of  this  Charter  to  the  position  to  which  he  may  be 

assigned  and  shall  be  entitled  to  all  the  benefits  of  said  Article 

thereafter. 

Preference   for   Qualified    Employees. 

Subdivision  B.  The  following  persons  securing  standing  on  the 
eligible  lists  in  examinations  shall  be  preferred  for  appointment : 

1.  Persons  employed  in  the  operating  service  of  the  Geary 
Street,  Park  and  Ocean  Railroad  Company  on  IMay  5.  1912,  such 
preference  to  be  solely  for  employment  in  the  IMunicipal  Railroad 

service ; 

2.  Persons  employed  in  the  operating  service  of  any  public 
utility  acquired  by  the  city  who  have  been  so  employed  for  not 
less  than  one  year;  and  such  persons  so  employed  at  the  time  a 
public  utility  is  acquired  by  the  city  shall  continue  in  their  posi- 
tions. 

Appointments  Under  This  Article. 

All  officers,  courts,  boards  or  heads  of  departments  vested  in 
this  Charter  with  the  power  to  appoint  deputies,  clerks,  stenog- 
raphers or  other  employees  of  any  designation  whatsoever  shall 
make  appointments  only  in  aeordance  with  the  provisions  of  tliis 
Article  and  the  rules  adopted  thereunder  and  any  appointment  not 
so  made  shall  be  void. — As  amended  Decemljcr  10,  1912;  approved 
hy  the  Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 
Dismissals  for  Cause  Only — Trials  and  Suspensions. 

Sec.  12.  No  person  employ(>d  in  the  classified  civil  service 
shall  be  removed  or  discharged  except  for  cause,  upon  written 
charges,  and  after  an  opportunity  to  be  heard  in  his  own  defense. 
Pending  the  hearing  of  such  charges,  the  appointing  officer  or  de- 
partment may  suspend  the  person  so  accused,  but  such  suspension 
shall  not  l)e  valid  for  more  than  thirty  days  upon  any  charge 
unless  the  hearing  thereon  shall  be  delayed  beyond  such  time  l)y 
the  act  of  the  person  so  accused.  When  such  charges  are  filed 
with  the  appointing  officer  or  officers  of  the  department  in  which 
the  employee  serves,  such  officers  shall  publicly  hear  and  determine 
such  charges.  The  finding  of  such  officers  shall  be  final  unless, 
within  a  period  of  thirty  days  therefrom,  the  employe  .so  tried  ap- 
peals to  the  r!ivil  Service  Conmiission  against  sueh  finding.  The 
appeal  nnist  be  in  writing,  and  nnist  briefly  stale  the  reasons  ni)on 
which  it  is  liased.  The  (!oinjnission  may  conlirm  the  finding,  or  may 
require  the  officers  to  present  in  writing  flic  grounds  for  discharge 
or  di.smissal,  and  may  rcc|uire  the  sul)niission  of  additional  evi(l(Mice; 
and  may  thereupon  make  such  order  as  it  deems  just.  The  order 
or  decision  of  the  Tlivil  Service  ('onnnission  upon  such  appeal  shall 
be  final,  and  shall  forthwith  be  cnforcecl  by  the  appointing  officers. 
If  the  Civil  Service;  (!ommission  shall  reverse  or  alter  the  find- 
ing of  the  appointing  officer,  it  may,  in  its  discretion,  order  that 
the  employee  afTected  shall  be  paid  his  salary  from  the  time 
of  his  discharge  or  suspension.    The  Civil  Service  Commission  may 


184        CJiartir  of  the  City  and  County  of  San  Francisco. 

hear  and  determine  charges  filed  by  any  citizen,  or  by  the  author- 
ized asrents  of  the  Commission  aotinf;  under  the  power  conferred 
by  Section  14  of  this  article,  when  the  appointing  power  neglects 
or  refuses  to  act.  The  appointing  officer  or  officers  of  a  department 
may,  for  disciplinary  or  penal  purposes,  suspend  a  subordinate 
for  a  period  not  exceeding  thirty  days,  and  such  suspension  shall 
carry  with  it  the  loss  of  salary  for  the  period  of  suspension.  Re- 
moval or  discharge  for  cause  may  be  upon  any  of  the  following 
grounds :  Incompetence,  habitual  intemperance ;  immoral  conduct ; 
insubordination ;  discourteous  treatment  of  the  public ;  inattention 
to  duties.  The  provisions  of  this  Section  shall  not  apply  to  persons 
employed  in  the  operating  department  of  any  public  utility. — As 
amended  December  10,  1912;  approved  hy  the  Legislature  March 
28,  1913  (Statutes,  1913.  page  1602). 
Notice  of  Appointments,  Promotions  or  Changes. 

Sec.  13.  Immediate  notice  in  writing  shall  be  given  by  the  ap- 
pointing power  to  the  Commissioners  of  all  appointments,  per- 
manent or  temporary,  made  in  such  classified  civil  service,  and 
of  all  transfers,  promotions,  resignations,  suspensions  or  vacancies 
from  any  cause  in  such  service,  and  of  the  date  thereof;  and  a  re- 
cord of  the  same  shall  be  kept  by  the  Commissioners.  When  any 
place  of  employment  is  created  or  abolished,  or  the  compensation 
attached  thereto  altered,  the  officer  or  board  making  such  change 
shall  immediately  report  in  writing  to  the  Commissioners, 
Duties  of  Commissioners. 

Sec.  14.  The  Commissioners  shall  investigate  the  enforcement 
of  the  provisions  of  this  Article,  and  of  its  rules,  and  the  action 
of  the  examiners  herein  provided  for,  and  the  conduct  and  action 
of  the  appointees  in  the  classified  service  in  the  City  and  County 
and  may  inquire  as  to  the  nature,  tenure  and  compensation  of  all 
places  in  the  public  service  thereof. 
Annual  Report  of  Commissioners. 

Sec.  15.  The  Commissioners  shall,  on  or  before  the  fifteenth 
day  of  January  in  each  year,  make  to  the  Supervisors  a  report 
showing  their  acts,  the  rules  in  force,  the  practical  effects  thereof, 
and  suggestions  for  the  more  effectual  accomplishment  of  the  pur- 
poses of  this  Article.  The  ]\Iayor  may  require  a  report  from  the 
Commissioners  at  any  time. 
Chief  Examiner.     Secretary.     Duties.     Salary. 

Sec.  16.  The  Commissioners  shall  employ  a  Chief  Examiner 
who  shall,  under  their  direction,  superintend  any  examination  held 
in  the  City  and  County  under  this  article,  and  who  shall  perform 
siicli  other  duties  as  the  Commissioners  may  prescribe.  The  Chief 
Examiner  shall  be  Secretary  of  the  Commission  by  virtue  of  his 
office.  He  shall  keep  minutes  of  its  proceedings,  preserve  all  re- 
ports made  to  it,  and  keep  a  record  of  all  examinations  held  under 
its  direction.  He  shall  receive  an  annual  salary  of  twenty-four 
hundred  dollars. 


Article  XIII,  Civil  Service.  185 

Supplies  and   Employees. 

Sec.  17.  The  Supervisors  shall  furnish  the  Commission  with 
suitable  offices,  office  furniture,  books,  stationery,  blanks,  heat  and 
light,  and  shall  provide  for  the  payment  of  such  otlier  expenses  as 
may  be  necessarily  incurred  in  carrying  out  the  provisions  of  this 
Article.  The  compensation  of  special  examiners  employed  under 
Section  5  and  of  the  investigators  employed  to  perform  the  duties 
set  forth  in  Section  14  shall  be  fixed  by  the  Commission.  The 
Commission  may  employ  such  permanent  assistants  as  may  be 
necessary,  at  such  salaries  as  the  Supervisors  may  fix  upon  the 
recommendation  of  the  Commission.  The  compensation  and  sal- 
aries herein  provided  for  shall  be  paid  out  of  the  appropriations 
specified  in  Section  1. — As  amended  Decemher  10,  1912;  approved 
by  the  Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

No  Aid,  Hindrance,  Fraud  or  Collusion   Permitted. 

See.  18.  No  person  or  officer  shall  by  himself,  or  in  co-opera- 
tion with  other  persons,  defeat,  deceive  or  obstruct  any  person 
in  respect  to  his  or  her  right  of  examination ;  or  falsely  mark, 
grade,  estimate  or  report  upon  the  examination  or  proper  stand- 
ing of  any  person  examined  hereunder,  or  aid  in  so  doing;  or 
make  any  false  representations  concerning  the  same,  or  concern- 
ing the  person  examined ;  or  furnish  to  any  person  any  special 
or  secret  information  for  the  purpose  of  either  improving  or  injur- 
ing the  prospects  or  chances  of  any  person  of  being  appointed, 
employed  or  promoted. 

Verification  of  Pay  Rolls. 

Sec.  19.  The  pay  rolls  or  demands  for  salaries,  wages  or  com- 
pensation of  all  deputies,  assistants,  clerks  and  employees  of  every 
class  or  description,  without  regard  to  the  name  or  title  by  which 
they  are  known,  for  each  department,  board,  office  or  bureau  sub- 
ject to  the  provisions  of  this  Article,  shall  be  transmitted  to  the 
Civil  Service  Commission  before  presentation  to  the  Auditor.  The 
Commission  shall  examine  said  pay  rolls  or  demands  and  shall 
approve  the  demands  of  all  persons  appointed  or  employed  in 
accordance  with  the  provisions  of  this  Article.  The  pay  rolls  or 
demands  thus  approved,  with  notation  of  any  item  thereof  disap- 
proved, shall  be  then  certified  hy  the  Commission  and  transmitted 
by  it  to  the  Auditor.  The  Auditor  shall  not  approve  and  the 
Treasurer  shall  not  pay  any  demand  or  warrant  for  salary,  wages 
or  compensation  unless  said  demand  shall  have  l)een  approved  by 
the  Civil  Service  Commission. — As  amnuird  Drccmhrr  10,  1912; 
approved  hy  the  Legislature  March  28,  1913  (Stnlutrs,  1913,  page 
1602). 

Penalty  for  Violation. 

Sec.  2i).  The  (/ommissioners  sli;ill  luivc  power  In  iiislitiilc  and 
prosecute  legal  proeeedings  for  vinlatioiis  of  ;iny  of  the  provisions 
of  this  Article. 


ISfi         Chnrtn'  of  fhc  Cih/  and  Vounhj  of  San  Francisco. 

ARTICLE  XTV. 

PARK  COMMTJ^STONERS. 
Park  Commissioners.     Jurisdiction  of. 

Section  1.     Tlie  lands  designated  upon  the  map  of  the  outside 
lands  of  the  City  and  County,  made  pursuant  to  order  No.  800, 
l>y    the    word    "park,"    extending    from    Stanyan    Street    to    the 
Pacific   Ocean,   and  known  as  Golden  Gate  Park;   also  the  land 
fronting  on  Ilaight  Street,  designated  on  said  map  by  the  word 
"park,"  and  known  as  Buena  Vista  Park;  also  the  lands  desig- 
nated on  said  map  by  the  word  "avenue,"  extending  from  Baker 
Street  westward  until  it  crosses  Stanyan  Street;  also  that  certain 
highway  bounded  on  the  west  by  the  Pacific  Ocean,  and  desig- 
nated upon  said  map  as  "great  highway;"  also  IMountain  Lake 
Park;  also  Seal  Rocks,  as  ceded  to  the  City  and  County  of  San 
Francisco  by  Act  of  Congress ;  and  all  the  other  parks  and  squares 
in  the  City  and  County,  and  all  the  grounds  surrounding  public 
buildings  in   the   City  and   County,   and  all   parks   and  squares 
and  public  pleasure  grounds  hereafter  acquired  by  the  City  and 
County,  shall  be  under  the  exclusive  management  of  a  Board  of 
Commissioners  who  shall  be  known  and  designated  as  Park  Com- 
missioners, except  that  children's  playgrounds  and  recreation  cen- 
ters outside  of  Golden  Gate  Park,  shall,  to  the  extent  of  their  use 
as  such  playgrounds  and  recreation  centers,  be  under  the  exclusive 
management  and  control  of  the  Playground  Commissioners;  pro- 
vided, that  the  Panama-Pacific  International  Exposition  Company 
(a  corporation  organized  under  the  laws  of  the  State  of  California, 
]\rarch   22nd,    1910)    is   authorized   to   assume   and   take   over   the 
management  and  control,  and  to  have  the  exclusive  possession  and 
use,  of  that  portion  of  Golden  Gate  Park  westerly  from  Twentieth 
Avenue,  as  extended,  for  the  purposes  of  an  exposition  to  celebrate 
the  completion  of  the  Panama  Canal,  such  management  and  con- 
trol, and  possession  and  use,  to  terminate  not  later  than  one  year 
after  the  closing  of  such  exposition. — As  amended  November  15, 
1910;  approved  hy  the  Legislature  February  17,  1911   (Statutes. 
1911,  page  1661). 

Successors   In   Office. 

Sec.  2.  The  Commissioners  shall  be  successors  in  office  of  the 
Park  Commissioners  holding  office  in  the  City  and  County  at  the 
time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  of  this  State. 

Five  Commissioners.    Appointed  by  IVIayor.    Term. 

Sec.  3.  The  Commissioners  shall  be  five  in  number,  one  of 
whom  must  be  an  artist.  They  shall  be  appointed  by  the  Mayor 
for  a  term  of  four  years,  and  shall  receive  no  compensation  for 
their  services.  They  shall  so  classify  themselves  by  lot  that  one  of 
them  shall  go  out  of  office  at  the  end  of  one  year,  one  at  the  end 


Article  XIV,  Park  Commissioners.  187 

of  two  years,  one  at  the  end  of  three  years,  and  two  at  the  end  of 
four  years. 

Commissioners.    Organization.     President.    Secretary.    Duties.    Contracts. 

Sec.  4.  The  Commissioners  shall  organize  by  electing  one  of 
their  number  President,  and  they  may  elect  a  Secretary  who  is 
not  a  member  of  the  Board.  The  Board  shall  establish  rules  and 
regulations  for  its  government  and  for  the  performance  of  its 
duties,  and  for  the  conduct  of  its  officers  and  employees,  and  shall 
require  adequate  bonds  from  all  of  them,  except  laborers,  for  the 
faithful  performance  of  their  duties  in  such  sums  as  may  be  fixed 
by  it.  Such  bonds  shall  be  approved  by  the  Mayor  and  filed  in 
the  office  of  the  Auditor.  The  person  elected  President  shall  hold 
his  office  for  one  year,  or  until  his  successor  is  elected.  The  Board 
must  hold  regular  meetings  at  least  once  in  two  weeks,  and  as 
many  special  meetings  as  it  may  deem  proper. 

Three  of  the  Commissioners  shall  constitute  a  quorum  for  the 
transaction  of  business.  No  contract  shall  be  entered  into  author- 
izing the  expenditure  of  money  without  the  approval  of  four  of 
the  Commissioners.  Every  contract  exceeding  five  hundred  dollars 
in  amount  shall  be  open  to  public  competition,  unless  the  Board 
shall  determine  in  any  given  case  to  have  the  work  done  by  day's 
labor.  All  the  provisions  of  the  Article  in  this  Charter  on  the 
Department  of  Public  Works  relating  to  contracts  shall  be  appli- 
cable to  all  contract  work  ordered  by  the  Commissioners. 

Park  Ordinances. 

Sec.  5.  The  Commissioners  may  adopt  ordinances  for  the  regu- 
lation, use  and  government  of  the  aforesaid  parks,  squares,  avenues 
and  grounds  not  inconsistent  with  the  laws  of  the  State  of  Cali- 
fornia or  with  this  Charter.  Such  ordinances  shall,  Avithin  five 
days  after  their  passage,  be  published  for  ten  days,  Sundays 
excepted,  in  the  official  newspaper.  Any  person  violating  any  of 
such  ordinances  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  therefor,  on  conviction,  in  any  court  of  com- 
petent jurisdiction.  None  of  such  ordinances  shall  be  valid  unless 
it  receives  the  vote  of  four  members  of  the  Board.  No  ordinance 
shall  be  passed  at  the  same  meeting  at  which  it  is  introduced,  or 
at  any  other  than  a  regular  meeting.  Such  ordinances  shall  take 
effect  in  not  less  than  ten  days  after  their  adoi)tion. 

Commissioners  to  Have  Full  Control  of  Parks  and  Squares. 

Sec.  fl.  The  ('oiniiiissioners  sluill  have  the  conqjlclc  and  exclu- 
sive control,  mauagerrient  .'ind  direclion  of  the  jiforesaid  p.'irks, 
squares,  avenues,  and  grniuuls,  ;md  Ihe  exclusive  right  lo  erect, 
and  to  superintend  the  erection  of  buildings  and  structures 
thereon;  and  to  that  end  may  employ  and  appoint  suj)erintcnd- 
ents,  laborers,  surveyors,  engineers,  and  other  officers  and  assist- 
ants, and  prcsrM-ibe  and  fix  their  duties,  authority  .'ind  compensa- 
tion.    They  sliall  have  the  exclusive  manag(Miient  and  disbursement 


188        Charter  of  the  City  and  County  of  San  Francisco. 

of  all  funds  loirally  appropriated  or  received  from  any  source  for 
the  support  of  said  parks,  squares,  avenues  and  grounds. 

The  Board  may  accept  from  donors  suitable  articles  for  the 
Museum  and  Art  Gallery  situate  in  the  aforesaid  Golden  Gate 
Park,  and  shall  manage  and  control  said  Museum  and  Art  Gallery. 

Except  as  provided  in  Section  9  of  this  Article,  nothing  in 
this  Section  shall  be  so  construed  as  to  authorize  the  Commis- 
sioners to  lease  any  part  of  any  of  said  parks,  squares,  avenues 
and  grounds  to  any  person,  company  or  corporation  for  any  pur- 
pose; or  to  permit  any  person,  company  or  corporation  to  build 
or  maintain  any  structure  on  any  part  of  said  parks,  squares, 
avenues  or  grounds;  but  this  shall  not  inhibit  the  Board  from 
leasing,  for  a  period  not  greater  than  one  year,  such  buildings  as 
may  be  constructed  by  itself  for  the  use  of  the  public  to  such 
person,  company  or  corporation  who  shall  undertake  to  serve  such 
use;  and  in  every  such  lease  the  Board  shall  reserve  the  right  to 
enter  at  all  times  into  and  upon  the  premises  so  leased,  and  shall 
make  the  condition  that  the  buildings  so  leased  shall  be  used  for 
park  pleasure  purposes  only.  No  such  building  shall  be  con- 
structed ])y  the  Board  except  it  be  within  the  objects  and  purposes 
for  Avhich  said  parks,  squares,  avenues  and  grounds  were  dedicated 
to  the  public. 

Nothing,  however,  in  this  Section  contained  shall  inhibit  the 
Board  from  permitting  the  use  of  a  limited  portion  of  any  one  of 
the  aforesaid  parks  or  squares  for  the  purpose  of  conducting 
thereon  a  Fair  or  Exposition,  under  such  conditions  and  restric- 
tions as  may  be  necessary  to  conserve  the  integrity  of  said  parks 
and  squares,  and  for  a  period  not  greater  than  six  months,  and 
so  as  not  to  interfere  with  the  use  of  any  of  the  same  by  the 
public  for  park-pleasure  purposes;  but  no  such  permission  shall 
ever  be  granted  except  such  Fair  or  Exposition  be  of  National, 
State  or  Municipal  importance.  None  of  the  moneys  in,  or  appro- 
priated to,  the  Park  Fund  shall  be  used  for  the  purposes  of  any 
such  Fair  or  Exposition. 

Fire  Alarm  Station  in  Jefferson  Square. 

Section  6a.  The  Board  of  Supervisors  shall  have  power  and 
authority  to  select  and  set  aside  by  ordinance,  in  that  certain 
square  or  park  known  as  Jefferson  Square,  bounded  on  the  north 
by  Eddy  street,  on  the  south  by  Golden  Gate  avenue,  on  the  east 
by  Gough  street,  and  on  the  west  by  Laguna  street,  a  suitable 
and  convenient  site  upon  which  may  be  erected  by  competent 
authority  a  central  station  for  the  fire  alarm  and  police  telegraph 
and  telephone  systems,  said  station  when  erected  to  be  under  the 
control  and  management  of  the  joint  commission  of  the  Depart- 
ment of  Electricity,  and  said  joint  commission  shall  have  power 
and  authority,  when  said  station  is  erected,  to  maintain  across 
said  square  or  park  the  necessary  conduits,  wires  and  lines  leading 
to  said  station. — New  Section  added  hy  amendment  December  10, 


Article  XIV,  Park  Commissioners.  189 

1912;  approved  by  the  Legislature  March  28,  1913  (Statutes,  1913, 
page  1602). 

Park  Police. 

Sec.  7.  The  Chief  of  Police  shall,  on  the  request  of  the  Com- 
missioners, detail  such  members  of  the  Police  Force  of  the  City 
and  County  for  service  in  said  parks,  squares,  avenues  and  grounds 
as  may  be  necessary  for  the  enforcement  of  the  law  and  for  the 
proper  observance  of  the  ordinances  of  the  Commissioners;  and 
the  Commissioners  may  provide  a  place  of  detention  within  either 
of  said  public  places,  in  which  the  persons  arrested  for  violating 
any  of  the  ordinances  of  the  Board  may  be  detained  temporarily. 

Donations,  Legacies  and  Bequests. 

Sec.  8.  The  Board  n\^Y  receive  donations  from  persons  and 
corporations  and  legacies  and  bequests  for  the  improvement  of 
said  parks,  squares,  avenues,  and  grounds.  All  moneys  that  may 
be  derived  from  such  donations,  legacies  and  bequests  shall,  unless 
otherwise  provided  by  the  terms  of  such  gift,  legacy  or  bequest, 
be  deposited  in  the  treasury  of  the  City  and  County  to  the  credit 
of  the  Park  Fund.  The  same  may  be  withdrawn  therefrom  and 
paid  out  in  the  same  manner  as  is  provided  for  the  payment  of 
moneys  legally  appropriated  for  the  support  and  improvement 
of  such  parks,  squares,  avenues  and  grounds.  If  the  moneys 
derived  from  such  gifts,  bequests  or  legacies  shall  at  any  time 
exceed  in  amount  the  sum  necessary  for  immediate  expenditures 
on  said  parks,  squares,  avenues  and  grounds,  the  Board  shall  invest 
all  or  a  part  of  the  same  in  interest-bearing  bonds  of  the  United 
States,  or  of  the  State  of  California  or  of  any  municipality  tliereof. 
State  Exposition  Building. 

Sec.  9.  The  Board  may  lease  to  the  State  of  California,  on  such 
terms  as  it  may  deem  proper,  a  plot  of  ground  in  Golden  Gate 
Park,  not  more  than  seven  hundred  feet  square,  on  wiiich  .said 
State  may  erect  and  maintain  an  exposition  building,  in  which 
may  be  exhibited  the  products  of  the  several  counties  of  the  State, 
and  in  which  the  collection  made  by  the  State  Mining  Bureau  may 
be  maintained  and  exhibited ;  but  said  lease  shall  be  upon  the 
express  condition  that  no  fee  .shall  ever  be  charged  ftu'  admission 
to  said  building. 

Works   of  Art    Must   Be   Approved    by   Commissioners.    Commissioners  to 
Pass  Upon  Public  Structures.    Monuments. 

Sec.  10.  Hereafter  no  work  of  art  shall  become  the  i)roperty 
of  the  City  and  County  by  piircliaso,  gift  or  (»tli('i-wise,  unless 
8U(!h  work  of  art  or  design  of  the  same,  together  with  a  statement 
of  the  j)ropo.sed  location  of  such  work  of  art,  shall  tirst  have*  been 
submitted  to  and  ai)j)roved  by  the  ('ommi.ssioners;  nor  shall  such 
work  of  art,  until  so  approved,  be  erected  or  placed  in  or  upon 
or  allowed  to  extend  over  or  upon,  any  street,  avenue,  square, 
park,  municipal   building  or  other  public   place  belonging  to  the 


100         Charter  of  the  City  and  County  of  San  Francisco. 

City  ami  County.  The  Board  may  require  a  complete  model  of 
the  proposed  work  of  art  to  be  submitted.  The  term  "work  of 
art"  as  used  in  this  Section  shall  apply  to  and  include  all  paint- 
ingrs,  mural  decorations,  stained  glass,  statues,  bas-reliefs  or  other 
sculptures,  monuments,  fountains,  arches  or  other  structures  of  a 
permanent  character,  intended  for  ornament  or  commemoration. 
No  existing  work  of  art  in  the  possession  of  the  City  and  County 
shall  be  removed,  relocated  or  altered  in  any  way  without  the 
similar  approval  of  the  Board.  When  so  requested  by  the  Mayor, 
or  the  Supervisors,  or  the  Board  of  Public  Works,  or  the  Board 
of  Education,  the  Board  of  Park  Commissioners  shall  act  in  a 
similar  capacity,  with  similar  powers,  in  respect  of  the  designs  of 
municipal  buildings,  bridges,  approaches,  gates,  fences,  lamps  or 
other  structures  erected  or  to  be  erected  upon  land  belonging  to 
the  City  and  County,  and  in  respect  of  the  lines,  grades  and 
plotting  of  public  ways  and  grounds,  and  in  respect  of  arches, 
bridges,  structures  and  approaches  Avhich  are  the  property  of 
any  corporation  or  private  individual,  and  which  shall  extend 
over  or  upon  any  street,  avenue,  highway,  park  or  public  place 
belonging  to  the  City  and  County.  This  Section  shall  not  be  so 
construed  as  to  impair  the  powers  of  the  Park  Commissioners  to 
refuse  their  consent  to  the  erection  or  acceptance  of  public  monu- 
ments or  memorials  or  other  works  of  art  of  any  sort  within  any 
park,  square  or  public  place  in  the  City  and  County. 

Tax  for  Park  Purposes,    Limits. 

Sec.  11.  The  Supervisors  shall  provide  all  necessary  money 
for  the  maintenance,  preservation  and  improvement  of  said  parks, 
squares,  avenues  and  grounds,  and  to  that  end  shall  annually  levy 
a  tax  on  all  property  in  the  City  and  County  not  exempt  from 
taxation,  -which  shall  not  be  less  than  five  cents  nor  more  than 
seven  cents  upon  each  one  hundred  dollars  assessed  valuation  of 
said  property. 

Sec.  12.  The  California  Academy  of  Sciences,  an  institution 
for  the  advancement  of  science  and  maintenance  of  a  free  museum, 
duly  incorporated  under  the  laws  of  the  State  of  California,  is 
hereby  granted  permission  to  erect  and  maintain  in  Golden  Gate 
Park  a  museum  building,  consisting  of  one  or  more  structures,  as 
it  may  find  necessary  for  the  purposes  contemplated,  which  said 
building  is  to  become  the  property  of  the  City  and  County  of 
San  Francisco,  but  to  be  used  exclusively  thereafter  by  the  said 
California  Academy  of  Sciences,  under  such  proper  rules  and 
regulations  as  it  may  prescribe,  as  a  free  museum,  open  to  the 
public,  and  for  admission  to  which  no  admission  fee  shall  ever  be 
charged.  The  plans  for  the  proposed  museum  building  and  any 
addition  thereto  must  be  approved  by  the  Board  of  Park  Commis- 
sioners, and  said  Board  of  Park  Commissioners  is  hereby  author- 
ized and  directed  to  set  apart  such  portion  of  Golden  Gate  Park, 
convenient  to  public   access  and  satisfactory  to   said   California 


Article  XIV,  Park  Commissioners.  191 

Academy  of  Sciences,  as  may  he  necessary  for  said  building,  suf- 
ficient grounds  being  allotted  to  secure  the  safety  of  the  same 
from  fire. — New  section  added  hi/  amendment  Novemher  15,  1910: 
approved  hy  the  Legislature  February  17,  1911  (Statutes,  1911, 
page  1661). 

Temporary   Use  of   Lobos   Square  for   Exposition. 

See.  13.  Notwithstanding  anything  in  this  Article  contained, 
the  Board  of  Park  Commissioners  are  hereby  authorizinl  and  di- 
rected to  transfer  to  the  Panama-Pacific  International  Exposition 
Company  (a  corporation  organi7,ed  under  the  laws  of  the  State 
of  California  i\Iarch  22,  1910),  the  exclusive  possession,  use,  man- 
agement and  control  of  Lobos  Square,  such  management,  control, 
possession  and  use  to  be  for  the  purposes  of  the  Panama-Pacific 
International  Exposition  and  to  terminate  not  later  than  one  year 
after  the  closing  of  such  exposition. — New  Section  added  by  amend- 
ment December  10,  1912;  approved  by  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 


102        Chnrfrr  of  the  City  and  County  of  San  Francisco. 

ARTICLE  XIV-A. 

PLAYGROUND  COMMISSIONERS. 

Children's   Playgrounds,   Management  of. 

Section  1.  All  children's  playgrrounds  now  owned  by  the  City 
and  County,  and  all  children's  playerrounds  that  shall  hereafter 
be  acquired  by  the  City  and  County,  and  all  public  recreation 
centers,  other  than  those  located  in  Golden  Gate  Park  shall  be 
under  the  management  and  control  of  a  Board  of  Commissioners, 
which  shall  consist  of  men  and  women,  and  shall  be  kno^^^l  and  des- 
ignated as  the  Playground  Commissioners.  No  person  shall  be 
appointed  such  Commissioner  who  shall  not  be  at  the  time  of 
his  or  her  appointment  a  resident  of  the  City  and  County,  and 
who  shall  not  have  been  such  at  least  five  years  prior  thereto. 
Commissioners. 

Sec.  2.  The  Commissioners  shall  be  seven  in  number,  five  of 
whom  shall  be  appointed  by  the  ]\Tayor  for  the  term  of  four  years. 
Three  of  the  members  appointed  by  the  Mayor  shall  be  men  and 
two  of  them  shall  be  women.  The  President  of  the  Board  of  Edu- 
cation shall  be  ex-officio  the  sixth  member  of  the  Commission,  and 
either  the  President  of  the  Park  Commissioners  or  the  Superin- 
tendent of  Golden  Gate  Park,  as  the  Park  Commissioners  in  writ- 
ing may  appoint,  shall  be  ex-officio  the  seventh  member.  The  Park 
Commissioners  may  at  any  time,  by  resolution  served  upon  the 
Playground  Commissoners,  change  their  ex-officio  member  of  said 
Commission,  provided  that  such  ex-officio  member  be  always  either 
their  President  or  said  Superintendent.  None  of  said  Commission- 
ers shall  receive  any  compensation  for  his  or  her  services. 
Organization.     Rules. 

Sec.  3.  The  Commissioners  shall  organize  by  electing  one  of 
their  number  President,  who  shall  hold  office  for  one  year  or 
until  his  or  her  successor  is  elected,  and  they  may  elect  a  Sec- 
retary who  is  not  a  member  of  the  Board. 

A  majority  of  the  members  shall  constitute  a  quorum  for  the 
transaction  of  business.  The  Board  shall  hold  regular  meetings 
at  least  once  in  two  weeks,  and  as  many  special  meetings  as  it 
may  deem  proper. 

The  Board  shall  establish  rules  and  regulations  for  its  govern- 
ment and  for  the  performance  of  its  duties,  and  for  the  conduct 
of  its  officers  and  employes,  and  shall  require  adequate  bonds  from 
all  its  officers  and  employes,  except  laborers,  for  the  faithful  per- 
formance of  their  duties,  and  in  such  sums  as  may  be  fixed  by  it, 
such  bonds  shall  be  approved  by  the  Mayor  and  filed  in  the  office 
of  the  Auditor. 

Sec.  4.  The  Commisioners  shall  adopt  rules  and  regulations 
for  the  government  of  the  aforesaid  playgrounds  not  inconsistent 
with  the  ordinances  of  the  City  and  County  of  San  Francisco,  the 
laws  of  the  State  of  California  or  with  this  Charter. 


Article  XIV-A,  Playground  Commissioners.  193 

Powers  of  Commissioners. 

Sec.  5.  The  Commissioners  shall  have  complete  and  exclusive 
control,  management  and  direction  of  the  aforesaid  playgrounds 
and  recreation  centers,  and  the  exclusive  right  to  erect  and  to  super- 
intend the  erection  of  buildings  and  structures  thereon,  and  to 
that  end  they  may  employ  superintendents,  surveyors,  engineers, 
laborers  and  other  emploj^ees  and  assistants  and  prescribe  and  fix 
their  duties,  authority  and  compensation.  They  shall  have  the  ex- 
clusive management  and  disbursement  of  all  funds  legally  appro- 
priated or  received  from  any  source  for  the  support  and  equipment 
of  the  aforesaid  playgrounds  and  recreation  centers,  provided,  that 
such  management  of  any  real  or  personal  property  or  moneys  ac- 
quired by  loan,  gift,  devise  or  bequest,  is  not  inconsistent  with  the 
terms  and  conditions  of  the  loan,  gift,  devise,  or  bequest.  The 
Commissioners  may  purchase  in  the  name  of  the  City  and  County 
of  San  Francisco  lands  to  be  used  as  children's  playgrounds  and 
recreation  centers,  with  any  moneys  legally  appropriated  for  such 
purpose  or  acquired  by  gift,  legacy  or  bequest  for  such  purpose. 

IVIay  Receive  Donations. 

Sec.  6.  The  Board  may  receive  donations  from  persons  and 
corporations,  and  legacies  and  bequests  for  the  purchase,  im- 
provement and  equipment  of  playgrounds  and  recreation  centers. 
All  moneys  that  may  be  derived  from  such  donations,  legacies 
and  bequests  shall,  unless  otherwise  provided  by  the  terms  of 
such  gift,  donation,  legacy  or  bequest,  be  deposited  in  the  treas- 
ury of  the  City  and  County  to  the  account  of  the  Playground 
Fund  of  the  General  Fund.  The  same  may  be  withdrawn  there- 
from and  paid  out  in  the  same  manner  as  is  provided  for  tlie  pay- 
ment of  moneys  legally  appropriated  for  the  support  and  im- 
provement of  such  playgrounds  and  recreation  centers.  If  such 
moneys  shall  at  any  time  exceed  in  amount  the  sum  necessary  for 
immediate  expenditure  on  said  playgrounds  or  recreation  cen- 
ters the  Board  may  invest  all  or  part  of  the  same  in  interest-bearing 
bonds  of  the  United  States,  of  the  State  of  California  or  of  any 
municipality  therein. 

Police  Detail. 

Sec.  7.  The  Chief  of  Police  shall  on  request  of  the  Commission- 
ers detail  such  members  of  the  Police  Force  of  tiie  City  and  County 
for  service  in  said  playgrounds  and  recreation  centers  as  may  be 
necessary  for  the  enforcement  of  the  law  and  the  city  ordinances 
and  the  proper  observance  of  tlie  rules  and  regulations  of  the  Com- 
missioners. 

Supervisors   May   Set  Aside  Other   Lands. 

Sec.  8.  The  Supervi.sors  shall  have  the  power  to  set  apart  either 
absolutely  or  for  a  dcfinile  period  of  time,  any  land  not  improved 
with  any  piibli('  buildings  belonging  to  \hv.  (!ily  and  ('ounty  other 
than  land  under  the  exclusive  control  and  munagisment  of  the  Park 


194        Charter  of  the  City  and  County  of  San  Francisco. 

Commissioners,  and  land  acquired  by  the  issue  of  bonds  for  other 
specific  purpose,  for  use  as  children's  playgrounds  and  recreation 
centers,  and  the  same  shall,  when  so  set  apart  for  such  use,  be  under 
the  exclusive  control  and  management  of  the  Playground  Commis- 
sioners. 

Park  Commissioners   May  Set  Apart  Other  Parks. 

Sec.  9.  The  Park  Commissioners  shall  have  power  to  set  apart 
either  absolutely  or  for  a  definite  period  of  time  such  parks  and 
squares  or  portions  thereof  as  they  may  see  proper,  other  than 
Golden  Gate  Park  and  the  Mission  Park,  for  use  as  children's 
playgrounds  and  recreation  centers,  and  the  same  shall,  when  so  set 
apart  for  such  use,  be,  to  the  extent  of  that  use,  under  the  exclusive 
control  and  management  of  the  Playground  Commissioners. 

Appropriation  for  Support. 

Sec.  10.  The  Supervisors  shall,  for  the  purchase,  development, 
equipment  and  maintenance  of  the  aforesaid  playgrounds  and  re- 
creation centers,  annually  appropriate  to  the  Playground  Com- 
missioners at  the  time  of  making  the  Budget  such  amount  as  may 
in  their  judgment  be  necessary  or  proper,  and  the  funds  so  appro- 
priated shall  be  credited  to  the  Playground  Fund  of  the  General 
Fund,  and  the  Playground  Commissioners  shall  have  the  exclusive 
management  and  disbursement  of  the  same. 

The  Secretary  shall  keep  a  full  account  of  all  property,  money, 
receipts  and  expenditures  and  a  record  of  all  proceedings  of  the 
Commissioners.  The  votes  of  all  its  members  shall  be  recorded  in 
the  minutes  with  the  ayes  and  noes. 

Article  XIV-A  added  as  an  amendment  November  5,  1907 ;  ap- 
proved, 1)11  the  Legislature  November  22,  1907  {Statues  Specicd 
Session  1907,  page  56). 


Article  XV,  Bonds  of  Officials.  195 

ARTICLE  XV. 

BONDS  OF  OFFICIALS. 

Officers  to  Give  Bonds.     Approval  by  Mayor  and  Auditor. 

Section  1.  Offieors  of  the  City  find  County,  before  enterinir  upon 
the  diseharge  of  their  oflficial  duties,  shall  respeetively  c:ive 
and  execute  to  the  City  and  County  such  official  honds  as  may 
he  required  hy  lavr.  ordinance,  or  this  Charter.  Wlien  the  amount 
of  any  bond  is  not  fixed  hy  law  or  hy  this  Charter,  it  shall  he 
fixed  hy  an  ordinance  of  the  Supervisors.  All  honds,  exceptinor 
those  of  the  Mayor  and  Auditor,  must  he  approved  hy  the  ^Tayor 
and  Auditor :  the  bond  of  the  Mayor  must  he  approved  by  the 
Auditor,  and  the  bond  of  the  Auditor  must  be  approved  by  the 
Mayor.  The  approval  of  every  official  bond  must  be  indorsed 
thereon,  and  sismed  by  the  officers  approvincr  the  same,  after 
examination  of  the  sureties,  as  hereinafter  provided.  TTpon  the 
approval  of  a  bond  it  must  be  recorded,  at  the  expense  of  the 
party  givinsr  the  bond,  in  the  office  of  the  Kecorder,  in  a  book 
kept  for  that  purpose,  entitled  T?ccord  of  Official  Bonds.  The  bond 
of  the  Auditor  shall  be  filed  and  kept  in  the  office  of  the  County 
Clerk.  The  bonds  of  all  other  officers  shall  be  filed  and  kept  in 
the  office  of  the  Auditor. 

Bonds  of  City  and  County  Officers.     Premium  for  Bonds 

Sec.  2.  The  following?  oflfieers  shall  respectively  execute  official 
bonds  to  the  City  and  County.  Avith  sureties,  in  the  followin*?  sums: 
Mayor,  twenty-five  thousand  dollars:  Auditor,  fifty  thousand  dol- 
lars; Treasurer,  two  hundred  thousand  dollars:  Tax  Collector,  one 
hundred  thousand  dollars;  Assessor,  fifty  thousand  dollars:  County 
Clerk,  fifty  thousand  dollars:  Becorder,  ten  thousand  dollars:  Sher- 
iff, fifty  thousand  dollars;  Coroner,  ten  thousand  dollars:  City  At- 
torney, ten  thousand  dollars;  District  Attorney,  ten  thousand  dol- 
lars; Bublic  Administrator,  fifty  thousand  dollars;  Supcrinlcndcnt 
of  Bublic  Schools,  five  thousand  dollars;  each  Commissioner  of  Pub- 
lic Works,  twenty-five  fhonsand  dollars;  Clei-k  of  Ihc  SiipcM'visors. 
ten  thousand  dollars;  car-h  Supervisor,  five  thousand  dollars:  each 
School  Director,  five  thousand  dollars;  each  Fire  Conmiissioner. 
ten  thousand  dollars;  each  Police  Commissioner,  five  thousand  dol- 
lars; each  Elcf'tion  Com mis.si oner,  ten  fhousand  dollars;  the  Proj)- 
erty  Clerk  of  Polifo  Department,  fen  thousand  dollars:  flic  War- 
rant and  Bond  Hlork,  fen  thousand  dollars. 

In  all  cases  of  elective  orfifors.  officers  appointed  by  the  Mayor, 
and  officers  whose  bonds  are  fixed  by  the  Charter,  the  preniiiiin  or 
eharpc  for  such  bonds  shall  be  paid  by  the  C'ity  and  County;  pro- 
vided, hovrvrr,  that  no  premium  or  charire  shall  exceed  one-half 
of  one  per  cent  per  annum  on  the  amount  of  such  bond. — As 
amend fd  Nnvrwhrr  .^,  1907 ;  npprnrrd  hy  the  LrfjisJnlurr  Nnvrm- 
hrr  2.1,  1!)07  (Slahiirs  SprrinI  Session,  1907,  page  37). 


196        Charter  of  the  City  and  County  of  San  Francisco. 

Bonds  Must  Contain  Certain  Conditions.    Sureties. 

Sec.  3.  City  and  County  officers  shall  not  be  accepted  as  surety 
for  each  other  on  official  bonds.  Every  bond  shall  contain  a  condi- 
tion that  the  principal  will  faithfully  perform  all  official  duties 
then,  or  that  may  thereafter  be,  imposed  upon  or  required  of  him 
by  law,  ordinance,  or  this  Charter,  and  that  at  the  expiration  of 
his  term  of  office  he  will  surrender  to  his  successor  all  property, 
books,  papers,  and  documents  that  may  come  into  his  possession  as 
such  officer.  Such  bond  must  also  be  executed  by  two  or  more  sure- 
ties who  shall  each  justify  in  the  amount  required  for  said  bond; 
but  when  the  amount  of  the  bond  is  more  than  five  thousand  dol- 
lars, the  sureties  may  become  severally  liable  for  portions  of  not 
less  than  twenty-five  hundred  dollars.  Wlien  there  are  more  than 
two  sureties,  such  sureties  may  justify  in  an  amount  which  in  the 
aggregate  shall  equal  double  the  amount  of  said  bond. 

Qualifications  of  Sureties. 

Sec.  4.  Every  surety  upon  an  official  bond,  other  than  law- 
fully authorized  surety  companies,  must  make  an  affidavit,  which 
shall  be  endorsed  upon  such  bond,  that  he  is  a  resident  and  free- 
holder in  the  City  and  County,  and  worth  in  property  situated 
in  the  City  and  County,  exclusive  of  incumbrances  thereon,  dou- 
ble the  amount  of  his  undertaking  over  and  above  all  sums  for 
which  he  is  already  liable  or  in  any  manner  bound,  whether  as 
principal,  indorser  or  suret}'',  and  whether  such  prior  obligation 
or  liability  be  conditional  or  absolute,  liquidated  or  unliquidated, 
due  or  to  become  due.  All  persons  offered  as  sureties  on  official 
bonds  may  be  examined  on  oath  as  to  their  qualifications  by  the 
officers  whose  duty  it  is  to  approve  the  bond. 

Additional    Bond. 

Sec.  5.  When  under  any  of  the  provisions  of  this  Charter,  or 
of  any  ordinance,  an  official  bond  shall  be  required  from  an  offi- 
cer, the  Supervisors  may,  by  resolution,  require  an  additional  bond, 
whenever,  in  the  opinion  of  such  board,  such  bond  or  any  surety 
thereto  becomes  insufficient;  and  such  additional  bond  shall  also 
be  required  when  a  surety  to  a  bond  shall  die  or  cease  to  be  a  resi- 
dent of  the  City  and  County. 

Liability. 

Sec.  6.  Every  officer  shall  be  liable  on  his  official  bond  for  the 
acts  and  omissions  of  his  deputies,  assistants,  clerks,  and  em- 
ployees, appointed  by  him,  and  of  any  and  each  of  them,  and  every 
official  bond  shall  contain  such  a  condition. 

Bonds  of  Deputies  and  Employees. 

Sec.  7,  Every  board,  department  or  officer  may  require  of  their 
deputies,  clerks  or  employes  bonds  of  indemnity  with  sufficient 
sureties  for  the  faithful  performance  of  their  duties. 


Article  XVI,  Miscellaneous.  197 

ARTICLE  XVI. 
MISCELLANEOUS. 

"City  and   County"  Defined. 

Section  1.  The  words  "City  and  County"  wlienever  tlioy  occur 
in  this  Charter  moan  the  City  and  County  of  San  Francisco;  and 
every  department,  hoard  and  oi^ccr,  wherever  either  one  of  tliem 
is  mentioned  in  this  Charter,  means  a  department,  board  or  officer, 
as  the  case  may  be,  of  the  City  and  County  of  San  Francisco. 

Qualification  to  Hold  Office. 

Sec.  13/2.  No  political,  relie:ious  or  partisan  qualification  shall 
hereafter  be  required  for  election  or  appointment  to  any  office 
under  the  City  and  County.  The  right  to  hold  any  office  or  posi- 
tion shall  not  be  limited  by  sex.  Any  provision  of  this  Charter 
in  conflict  with  this  section  is  hereby  repealed. — New  section  added 
hy  amendment,  December  10,  1912;  approved  hy  the  Legislature 
March  28,  1913  (Statutes,  1913,  page  1602). 

Employees  to  Be  Residents,  Except  Experts. 

Sec.  2.  All  persons  appointed  to  office,  position  or  employment 
under  the  City  and  County  must  be  citizens  of  the  United  States. 
and  must,  during  their  respective  terms  of  office  or  employment 
actually  reside  in  the  City  and  County,  and  must  have  so  resided 
for  the  period  of  one  j^ear  next  preceding  their  appointment;  pro- 
vided, that  positions  requiring  expert  or  technical  training  may,  by 
resolution  of  the  Board  of  Supervisors  approved  by  the  IMayor. 
be  exempted  from  this  condition,  and  there  shall  be  imposed  in 
lieu  thereof  a  certification  of  training  and  experience.  Appointees 
whose  duties  are  performed  outside  the  City  and  Counly  shall  not 
be  subject  to  the  requirements  of  this  section.  All  provisions  of  the 
Charter  in  conflict  with  this  section  are  here])y  repealed. — .■l^ 
amended  December  10,  1912;  approved  by  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 

No    Absence    from    the    State. 

Sec.  3.  No  officer  of  the  City  and  County,  except  members  of 
the  Police  Department  acting  under  orders  of  the  Chief  thereof, 
shall  absent  himself  from  tlie  State,  except  by  pennissiou  of  the 
Mayor  and  the  Board  of  Supervisors.  Violation  of  this  section 
shall  be  sufficient  cause  for  the  removal  of  any  officer  violating  the 
same. — As  amended  November  15,  1910;  approved  by  the  Legisla- 
ture February  17,  1911  (Statutes,  1911,  page  1661). 

No   One   Shall    Hold   Two   Salaried    Offices. 

Sec.  4.  Any  person  holding  a  salaried  oni<'('  under  the  ('ily  and 
County,  whether  l>y  election  or  aj)|»oinlMient,  who  shall,  during  his 
term  of  office,  hold  or  retain  any  other  wilaried  office  under  the 
government  of  the  United  Slates,  or  of  this  Stat(!,  or   who  shall 


198        Charter  of  the  City  and  County  of  San  Francisco. 

hold  any  other  salaried  office  connected  with  the  government  of  the 
City  and  County,  or  who  shall  become  a  member  of  the  Legislature, 
shall  be  deemed  to  have  thereby  vacated  the  office  held  by  him  under 
the  City  and  County. 

Limit  of  Subordinates   and   Supplies. 

Sec.  5.  No  department,  board  or  officer  shall,  under  any  circum- 
stances, employ  more  subordinates  than  are  specifically  provided 
for  in  this  Charter  or  buy  supplies  beyond  the  sura  furnished  there- 
for by  the  Supervisors. 

Shall  Not  Be  Interested  in  Contracts  or  Supplies  or  Property  of  the  City. 

Sec.  6.  No  Supervisor  and  no  officer  or  emploj^e  of  the  City  and 
County,  shall  be  or  become,  directly  or  indirectly,  interested  in, 
or  in  the  performance  of,  any  contract,  work,  or  business,  or 
in  the  sale  of  any  article,  the  expense,  price  or  consideration  of 
which  is  payable  from  the  treasury;  or  in  the  purchase  or  lease 
of  any  real  estate  or  other  property  belonging  to,  or  taken  by, 
the  City  and  County,  or  which  shall  be  sold  for  taxes  or  assess- 
ments, or  by  virtue  of  legal  process  at  the  suit  of  the  City  and 
County.  If  any  person  in  this  section  designated  shall,  during 
the  time  for  which  he  was  elected  or  appointed,  acquire  an  interest 
in  any  contract  with,  or  work  done  for,  the  City  and  County,  or 
any  department  or  officer  thereof,  or  in  any  franchise,  right  or 
privilege  granted  by  the  City  and  County,  unless  the  same  shall 
be  devolved  upon  him  by  law,  he  shall  forfeit  his  office,  and  be 
forever  after  debarred,  and  disqualified  from  being  elected,  ap- 
pointed or  employed  in  the  service  of  the  City  and  County;  and 
all  such  contracts  shall  be  void,  and  shall  not  be  enforceable  against 
the  City  and  County. 

Promises  or  Valuable  Consideration   Prohibited. 

Sec.  7.  No  officer  or  employe  of  the  City  and  County  shall  give 
or  promise  to  give  to  any  other  person,  any  portion  of  his  com- 
pensation, or  any  money,  or  valuable  thing,  in  consideration  of 
having  been,  or  of  being,  nominated,  appointed,  voted  for,  or  elected 
to,  any  office  or  employment;  and  if  any  such  promise  or  gift  be 
made,  the  person  making  such  gift  or  promise  shall  forfeit  his 
office  and  employment,  and  be  forever  debarred  and  disqualified 
from  being  elected,  appointed  or  employed  in  the  service  of  the 
City  and  County. 

Bribing  Prohibited. 

Sec.  8.  Any  officer  of  the  City  and  County  who  shall,  while  in 
office,  accept  any  donation  or  gratuity  in  money,  or  other  valuable 
thing,  either  directly  or  indirectly,  from  any  subordinate  or  em- 
ploye, or  from  any  candidate  or  applicant  for  any  position  as 
employe  or  subordinate  under  him,  shall  forfeit  his  office,  and  be 
forever  debarred  and  disqualified  from  holding  any  position  in  the 
service  of  the  City  and  County. 


Article  XVI,  Miscellaneous.  199 

Annual   Reports. 

Sec.  9.  Every  department,  board  and  commission  pro\'ided  for 
in  this  Charter,  except  the  Supervisors,  shall  render  to  the  IMayor 
within  one  month  after  the  end  of  each  fiscal  year  a  full  report  of 
all  the  operations  of  such  department  or  board  or  commission  for 
such  year. 
Vacancies  Defined. 

Sec.  10.  An  office  becomes  vacant  when  the  incumbent  thereof 
dies,  resigns,  is  adjudged  insane,  convicted  of  felony,  or  of  an  offense 
involving  a  violation  of  his  official  duties,  or  is  removed  from  office, 
or  ceases  to  be  resident  of  the  City  and  County,  or  neglects  to 
qualify  within  the  time  prescribed  by  law,  or  within  twenty  days 
after  his  election  or  appointment,  or  shall  have  been  absent  from  the 
State  without  leave  for  more  than  sixty  consecutive  days. 
Liability  for  Illegal    Payments. 

Sec.  11.  Every  officer  who  shall  approve,  allow  or  pay  any  de- 
mand on  the  treasury  not  authorized  by  law,  ordinance  or  this 
Charter,  shall  be  liable  to  the  City  and  County  individually  and 
on  his  official  bond  for  the  amount  of  the  demand  so  illegally  ap- 
proved, allowed  or  paid. 
Custody  of  Records. 

Sec.  12.  The  departments.  ])oards,  commissioners  and  officers 
provided  for  in  this  Charter  sball  be  entitled  to  the  possession  of 
all  papers,  books,  documents,  maps,  plats,  records  and  archives  in 
the  possession  or  under  the  control  of  those  respectively  who  are 
superceded  in  office  under  this  Cliartor  by  such  department,  boards, 
commissioners  and  officers. 
Books  and   Records  Open  to  Inspection. 

Sec.  13.  All  books  and  records  of  every  office  and  department 
shall  be  open  to  the  inspection  of  any  citizen  at  any  lime  during 
business  hours.  Certified  copies  or  extracts  from  said  1)ooks  and 
records  shall  be  given  by  the  officer  having  the  same  in  custody 
to  any  person  demanding  the  same,  and  paying  or  tendering  ten 
cents  a  folio  of  one  hundred  words  for  such  copies  or  extracts; 
but  the  records  of  the  Police!  l)ei)artment  shall  not  be  subject  to 
such  inspection  excej)t  permission  be  given  by  the  Police  Coinmis- 
.sioners  or  by  the  Chief  of  Police. 
Office  Hours. 

Sec.  14.  The  Treasurer  shiill  koeji  liis  office  open  for  l)usiness 
every  day,  except  leg;il  holidays,  from  nine  o'clock  in  the  forenoon 
until  four  o'clock  in  the  afternoon.  Exceiit  where  otherwise  pro 
vided  for  by  law,  or  by  this  Charter,  all  other  public  offices  shall 
be  kept  open  for  })usiness  every  day,  except  legal  holidays,  from 
half-past  eight  o'clock  in  the  forenoon  until  five  o'clock  in  the 
afternoon;  and,  in  addition  thereto,  from  the  first  day  of  November 
until  the  last  Monday  of  December  in  each  year  the  office  of  the 
Tax  Collector  shall  be  kept  open  until  nine  o'clock  in  tlie  evening. 


200        Charter  of  the  City  and  County  of  San  Francisco. 

Disqualifications. 

See.  15.  No  person  shall  be  eligible  to  or  hold  any  office,  or  be 
clerk  or  deputy  in  any  office  or  department,  who  has  been  found 
guilty  of  malfeasance  in  office,  bribery  or  other  infamous  crime 
or  who  in  any  capacity  has  embezzled  public  funds. 

Fiscal   Year. 

Sec.  16,  The  fiscal  year  mentioned  in  this  Charter  shall  com- 
mence on  the  first  day  of  July  and  end  on  the  thirtieth  day  of 
June  following. 

All  Moneys  to  Be  Paid  to  Treasurer. 

Sec.  17.  All  moneys,  assessments  and  taxes  belonging  to  or  col- 
lected for  the  use  of  the  City  and  County,  coming  into  the  hands  of 
any  officer  of  the  City  and  County,  shall  immediately  be  deposited 
with  the  Treasurer  for  the  benefit  of  the  funds  to  which  they  re- 
spectively belong.  If  such  officer  for  twenty-four  hours  after  re- 
ceiving the  same  shall  delay  or  neglect  to  make  such  deposit,  he 
shall  be  deemed  guilty  of  misconduct  in  office  and  may  be  removed. 

Suspensions  and  Removals. 

Sec.  18.  Any  elected  officer,  except  Supervisor,  may  be  suspended 
by  the  Mayor  and  removed  by  the  Supervisors  for  cause;  and  any 
appointed  officer  may  be  removed  by  the  Mayor  for  cause.  The 
Mayor  shall  appoint  some  person  to  discharge  the  duties  of  the 
office  during  the  period  of  such  suspension. 

Procedure  After  Suspension   of   Elected   Officer. 

Sec.  19.  When  the  Mayor  shall  suspend  any  elected  officer  he 
shall  immediately  notify  the  Supervisors  of  such  suspension  and 
the  cause  therefor.  If  the  Board  is  not  in  session,  he  shall  imme- 
diately call  a  session  of  the  same  in  such  manner  as  shall  be  pro- 
vided by  ordinance.  The  I\Iayor  shall  present  written  charges 
against  such  suspended  officer  to  the  Board  and  furnish  a  copy  of 
the  same  to  said  officer,  who  shall  have  the  right  to  appear  with 
counsel  before  the  Board  in  his  defense.  If  by  an  affirmative  vote 
of  not  less  than  fourteen  members  of  the  Board  of  Supervisors, 
taken  by  ayes  and  noes  and  entered  on  its  record,  the  action  of  the 
Mayor  is  approved,  then  the  suspended  officer  shall  thereby  be 
removed  from  office;  but  if  the  action  of  the  Mayor  is  not  so  ap- 
proved such  suspended  officer  shall  be  immediately  reinstated. 

Removal  of  Appointed  Officer  by  the  Mayor. 

Sec.  20.  When  the  JNIayor  shall  remove  an  appointed  officer 
from  office,  he  shall  immediately  notify  the  Board  of  Supervisors 
of  such  removal,  and  furnish  it  a  statement  of  the  cause  therefor, 
which  statement  shall  be  entered  in  the  record  of  its  proceedings. 

Removal  of  Appointed   Deputies  or  Employees. 

Sec.  21.  Unless  otherwise  provided  by  law  or  by  this  Charter, 
any  officer,  board  or  department  authorized  to  appoint  any  deputy. 


Article  XVI,  Miscellaneous.  201 

clerk,  assistant  or  employe,  shall  have  the  right  to  remove  any  per- 
son so  appointed. 

Appointments  to   Be   in   Writing   in   Duplicate. 

See.  22.  All  appointments  of  officers,  deputies  and  clerks  to  be 
made  under  any  provision  of  this  Charter  must  be  made  in  writ- 
ing and  in  duplicate,  authenticated  by  the  person  or  persons,  board 
or  officer  making  the  same.  One  of  such  duplicates  must  be  filed 
with  the  Secretary  of  the  Civil  Service  Commission  and  the  other 
with  the  Auditor. 

Classification   by   Lot  to   Be   Recorded   and   Filed. 

Sec.  23.  Whenever  it  is  provided  in  this  Charter  that  the  mem- 
bers of  any  board,  department  or  commission  shall  so  classify  them- 
selves by  lot  that  their  terms  of  office  shall  expire  at  different  times, 
such  members  shall,  on  the  day  of  making  such  classification,  cause 
the  same  to  be  entered  in  the  records  of  their  proceedings,  and  a 
copy  thereof,  certified  by  the  Secretary  thereof  and  signed  by  all  of 
said  members,  shall  be  filed  with  the  Clerk  of  the  Supervisors.  In 
every  case  such  classification  must  be  made  at  the  first  meeting  of 
the  Board. 

Powers  of  Officers  and  Boards  to  Administer  Oaths,  Issue  Subpoenas  and 
Hear  Testimony. 

Sec.  24.  Every  officer  and  every  member  of  any  board  or  com- 
mittee provided  for  in  this  Charter  shall  have  the  power  to  ad- 
minister oaths  and  affirmations,  and  every  such  board,  officer  or 
committee  shall  have  the  power  to  issue  subpoenas,  to  compel  by 
subpoena  the  production  of  books,  papers  and  documents,  and  to 
take  and  hear  testimony  concerning  any  matter  or  thing  pending 
before  any  such  board,  officer  or  committee.  If  any  person  so 
subpoenaed  neglect  or  refuse  to  appear,  or  to  produce  any  book, 
paper  or  document,  as  required  by  such  subpoena,  or  .shall  refuse 
to  testify  before  any  such  board,  officer  or  committee,  or  to  answer 
any  question  which  any  officer  or  a  majority  of  such  l)oard  or  com- 
mittee shall  decide  to  be  proper  or  pertinent,  he  shall  be  deemed 
in  contempt,  and  any  such  board,  officer  or  committee  shall  have 
power  to  take  the  proceedings  in  that  behalf  provided  by  the  generjil 
laws  of  this  State.  The  Chief  of  Police  must,  on  request  of  such 
officer  or  of  any  member  of  any  such  board  or  committee,  detail 
a  police  officer  or  officers  to  serve  such  subpoenas. 

Official   Newspaper. 

Sec.   25.      All    publicjitions    provided    for   in    this   (Miarler   must 
be  made  in  tlu?  official  newsp;if)er  only. 
Franchises  Not  in   Use   Forfeited. 

Sec.  26.  All  franchises  and  privileges  heretofore  granted  liy  the 
City  and  County  which  are  not  in  actunl  use  or  enjoyment,  or  wliich 
the  grantees  thereof  have  not  in  good  faith  commenced  to  exercise, 
are  hereby  declared  forfeited  and  of  nn  validity,  unless  said  grantees 


202         Cliartcr  of  the  Cihi  and  County  of  San  Francisco. 

or  their  assigus  sliall,  within  six  months  after  this  Charter  takes 
effect,  in  good  faith  commence  the  exercise  and  enjoyment  of  such 
privilege  or  franchise. 

Ordinances  Repealed. 

Sec.  27.  All  ordinances  or  resolutions  for  the  improvement  of 
any  street  for  which  no  contract  shall  have  been  entered  into  at  the 
time  this  Charter  takes  effect  are  hereby  repealed. 

Ordinances  Continued. 

Sec.  28,  All  ordinances,  orders  and  resolutions  of  the  Super- 
visors of  the  City  and  County  in  force  at  the  time  this  Charter 
takes  effect,  and  not  inconsistent  therewith,  shall  continue  in  force 
until  amended  or  repealed. 

Bonded  Indebtedness,  How  Incurred.  Disposition  of  Proceeds  of  Sale 
of   Bonds. 

Sec.  29.  "When  the  Supervisors  shall  determine  that  the  public 
interest  requires  the  acquisition  of  any  land  or  lands  or  the  con- 
struction or  acquisition  of  any  permanent  building  or  buildings, 
improvement  or  improvements  the  cost  of  which,  in  addition  to  the 
other  expenses  of  the  City  and  County  will  exceed  the  income  and 
revenue  provided  for  the  City  and  County  for  any  one  year,  they 
must,  by  ordinance,  submit  a  proposition  or  propositions  to  incur 
a  bonded  indebtedness  for  such  purpose  or  purposes  to  the  electors 
of  the  City  and  County  at  a  special  election  to  be  held  for  that 
purpose  of  facilitating  the  performance  of  street  or  any  other  kind 
read  at  the  time  of  submitting  such  propositions  to  the  electors, 
providing  for  the  acquisition  of  public  utilities,  so  far  as  the  same 
are  applicable,  shall  apply  to  the  manner  of  submitting  such  propo- 
sition or  propositions,  to  the  issuance,  character  and  registration 
of  said  bonds  and  to  the  time  when,  and  the  kind  of  money  in 
which  said  bonded  indebtedness  shall  be  payable. 

The  proceeds  of  any  sale  of  bonds  shall  be  placed  in  the  treasury 
to  the  credit  of  the  proper  fund  and  shall  be  applied  exclusively 
to  the  purposes  and  objects  mentioned  in  the  ordinance  author- 
izing their  issuance  until  such  objects  are  fully  accomplished,  after 
which,  if  any  surplus  remains,  such  surplus  may  be  transferred  to 
the  general  fund,  except  that  if  such  fund  exceeds  the  sum  of  two 
thousand  dollars  then  such  surplus  and  the  whole  thereof  shall 
be  transferred  to  the  appropriate  fund  or  funds  to  pay  the  interest 
and  maintain  the  sinking  fund  or  provide  for  the  retirement  of  the 
bonded  indebtedness  in  connection  with  which  such  surplus  re- 
mains.— As  amended  November  5,  1907;  approved  by  the  Legis- 
lature November  22, 1907  (Statutes  Special  Session,  1907,  page  17). 

Bonds  for  Street  and  Other  Public  Work.    Revolving  Fund. 

Sec.  29^^.  A  municipal  indebtedness  may  be  incurred  and 
bonds  may  be  authorized  to  be  issued  therefor  by  the  voters  for  the 
purpose  only.     All  provisions  of  this  Charter,  as  the  same  shall 


Article  XVI,  Miscellaneous.  203 

of  public  work,  or  opening  of  streets,  or  acquisition  of  property 
for  any  of  the  aforesaid  purposes,  the  cost  of  which  is  to  be  assessed 
upon  private  property  benefited  thereby,  provided,  that  said  cost 
shall  in  the  aggregate  exceed  the  sum  of  five  hundred  thousand 
dollars.  To  authorize  such  indebtedness  the  Supervisors  shall  adopt 
a  resolution  declaring  the  necessity  therefor  and  at  any  time  there- 
after may  call  an  election  for  the  purpose  of  submitting  to  the  elec- 
tors the  proposition  of  authorizing  the  issuance  of  bonds  and  the 
incurring  of  the  indebtedness.  Such  election  may  be  held  at  the 
same  time  as  any  other  election,  or  otherwise,  as  the  Supervisors 
may  determine,  but  if  held  at  the  same  time  as  is  a  general  State 
or  municipal  election  separate  ballots  may  be  used  and  the  paper 
on  which  the  ballots  are  printed  shall  be  distinctively  different  from 
that  used  for  the  election  of  officers.  The  principal  and  interest  on 
such  bonds  may  be  paid  from  the  fund  herein  provided  for  or  as 
other  bonds  of  the  City  and  County  are  redeemed  and  paid  in  the 
discretion  of  the  Supervisors.  The  full  faith  and  credit  of  the  City 
and  County  shall  be  pledged  for  the  punctual  payment  of 
the  principal  and  interest.  Such  indebtedness  shall  be  no  part 
of  the  debt  limited  by  Section  9  of  Article  XII  of  the 
Charter.  The  maximum  rate  of  interest  shall  not  exceed  five  per 
centum  per  annum  and  the  principal  shall  be  payable  at  any  time 
after  ten  years  and  within  twenty  years  from  their  date,  as  may 
be  determined  by  the  Board  of  Supervisors.  If  more  than  two- 
thirds  of  the  voters  voting  at  such  election  shall  vote  in  favor  of 
the  incurring  of  the  indebtedness,  then  such  bonds  may  be  issued 
as  herein  provided.  The  bonds  so  authorized  shall  be  sold  in  such 
amounts  and  at  such  times  as  the  Supervisors  may  direct  and  tlio 
proceeds  arising  from  such  sale  shall  be  placed  in  a  special  fund 
known  as  the  public  work  revolving  fund.  The  moneys  in  such  fund 
shall  be  used  to  pay  the  cost  of  any  public  improvement,  the  cost  of 
which  (or  any  portion  thereof)  has  been  or  may  be  assessed  against 
private  property  benefited  thereby,  or  may  be  used  to  pay  the  prin- 
cipal or  interest  on  the  bonds  issued  as  herein  provided.  All  sums 
paid  on  account  of  such  assessment  shall  be  placed  to  the  credit 
of  such  fund.  Interest  shall  be  charged  on  all  sucii  assessments  at 
the  rate  of  six  per  centum  per  antuun,  from  tlu^  date  of  the  accept- 
ance of  the  work  for  the  payment  of  which  the  assessments  were  im- 
posed. Such  assessments  when  exceeding  $25  may  be  paid  in  not 
more  than  ten  annual  installments.  The  Supervisors  sliall,  by 
proper  legislation  provide  for  the  carrying  into  effect  the  provisions 
of  this  section. — New  section  added  by  amendment,  Deecmhcr  10. 
1912,  approved  hy  the  Leyislalure,  March  2S,  l<n:i  (Statutes,  l!)i:i, 
page  1602). 

Bonds   May    Be    Issued    for   Exposition. 

Sec.  29o.    1.  The  Supervisors  are  hereby  empowered  and  (lirecle<l, 
without    further    authority,    to    incur    u     bonded      iudehteilneKs, 


204        Charter  of  the  City  and  County  of  San  Francisco. 

of  the  City  and  County,  in  an  amount  of  five  million  dollars, 
and  to  issue  municipal  bonds  therefor,  the  proceeds  of  said  bonds 
to  be  granted  and  turned  over  to  the  Panama-Pacific  Interna- 
tional Exposition  Company  (a  corporation  organized  under  the 
laws  of  the  State  of  California  March  22,  1910),  to  be  used  and 
disbursed  by  said  exposition  company  for  the  purposes  of  an  inter- 
national exposition  to  be  held  in  the  City  and  County  of  San  Fran- 
cisco to  celebrate  the  completion  of  the  Panama  Canal, 

2,  The  bonds  issued  under  the  provisions  of  this  section  shall 
be  in  such  form  as  the  Supervisors  in  the  ordinance  providing  for 
such  bonded  indebtedness  shall  determine;  provided  that  such 
bonds  shall  be  issued,  sold,  redeemed,  registered  and  converted  in 
accordance  with  the  provisions  of  Section  10,  11,  12  and  13,  of 
Article  XII  of  the  Charter,  as  they  now  read,  so  far  as  said  Sections 
are  applicable. 

3.  The  proceeds  of  any  sale  of  such  bonds  shall  be  payable 
immediately  by  the  Treasurer  of  the  City  and  County  to  the  Treas- 
urer of  said  Panama-Pacific  International  Exposition  Company, 
upon  the  demand  of  such  Treasurer  of  said  exposition  company, 
without  the  necessity  of  the  approval  of  such  demand  by  the  Auditor 
of  the  City  and  County,  or  other  authority,  the  same  to  be  used 
and  disbursed  by  said  Panama-Pacific  International  Exposition 
Company  for  the  purposes  of  such  exposition. — New  Section  added 
by  amendment  November  15,  1910;  approved  by  the  Legislature 
February  17,  1911  (Statutes,  1911,  page  1661). 

Duties  of  Subordinates. 

Sec.  30.     Every  assistant  deputy  or  other  subordinate  of  any 
board,  department  or  officer,  shall  discharge  any  of  the  duties  per- 
taining to  such  department,  board  or  office  as  his  chief  may  assign 
him  to. 
Ineligibility  to  Office. 

Sec.  31.  No  member  of  the  Board  of  Police  Commissioners  and 
no  member  of  the  Board  of  Fire  Commissioners  shall  be  eligible  to 
any  elective  office  while  he  is  a  member  of  such  Board,  or  for  one 
year  thereafter. 

Members  of  the  Police  or  Fire  Departments  Not  to  Participate  in  Politics 
or  Conventions. 
Sec.  32.  No  member  of  the  Board  of  Police  Commissioners  and 
no  member  of  the  Board  of  Fire  Commissioners,  and  no  officer,  sub- 
ordinate or  employee  of  the  Police  Department  or  of  the  Fire  Depart- 
ment, shall  be  a  member  of  any  partisan  convention  the  purpose  of 
which  is  to  nominate  candidates  for  office ;  nor  shall  either  of  them 
directly  or  indirectly  electioneer,  by  soliciting  votes  or  otherwise, 
for  or  against  any  candidate  for  office  at  any  election,  or  for  or 
against  any  candidate  for  nomination  before  any  political  conven- 
tion, or  for  or  against  any  candidate  or  delegate  to  such  conven- 
tion at  any  primary  election ;  nor  shall  either  of  them  be  a  member 


Article  XVI,  Miscellaneous.  205 

of  any  committee,  club,  or  organization,  the  purpose  of  which  is  to 
nominate  or  endorse  candidates  for  office  at  any  election ;  nor  in  any 
way  attempt  to  influence  or  control  such  committee,  club  or  organ- 
ization, while  nominating  or  endorsing  said  candidates;  nor  take 
any  part  in  the  control,  management  or  distribution  of  the  political 
patronage  of  any  public  officer;  nor  shall  any  member  of  either  of 
said  Boards,  or  any  officer,  subordinate  or  employee  of  either  of  said 
departments  directly  or  indirectly  attempt  to  control  or  in  any 
manner  influence  the  action  of  any  officer,  subordinate  or  em- 
ployee of  either  of  said  departments  at  any  general,  special  or  pri- 
mary election.  And  no  officer,  subordinate  or  employee  of  either 
of  said  departments  shall  levy,  collect  or  pay  any  amount  of  money 
as  an  assessment  or  contribution  for  political  purposes.  Any  per- 
son violating  any  of  the  provisions  of  this  section  shall  be  re- 
moved forthwith  from  his  office  or  employment.  If  the  violation 
be  by  a  member  of  either  of  said  Boards  the  Mayor  must  remove 
such  member;  and  if  by  an  officer,  employee  or  subordinate  i)f  either 
of  said  departments,  then  the  Board  wliose  officer,  employee  or  sub- 
ordinate has  been  guilty  of  such  violation,  must  remove  such  officer, 
employee  or  subordinate;  and  if  such  Board  fail  or  refuse  to  make 
such  removal,  then  the  Mayor  must  remove  all  members  of  the 
Board  who  have  so  failed  or  refused. 
Overtime. 

Sec.  33.     No  deputy,  clerk  or  other  employee  of  the  City  and 
County  shall  be  paid  for  a  greater  time  than  that  covered  by  his 
actual  service. 
Salaries   Full   Compensation. 

Sec.  34.  The  salaries  provided  in  tljis  Charter  shall  be  in  full 
compensation  for  all  services  rendered,  and  every  officer  shall  pay 
all  moneys  coming  into  his  hands  as  such  officer,  no  matter  from 
what  source  derived  or  received,  into  the  treasury  of  the  City  and 
County  within  twenty-four  hours  after  receipt  of  the  same. 
Additional  Clerks  or  Employees. 

Sec.  3.").  When  any  officer,  board  or  department  shall  recjuire 
additional  deputies,  clerks  or  employes,  application  shall  bo  made 
to  the  Mayor  therefor,  and  upon  such  application  the  Mayor  shall 
make  investigation  as  to  the  necessity  for  such  additional  assist- 
ance; and  if  he  find  the  same  necessary  he  may  recoiuincud  to  the 
Supervisors  to  authorize  the  appointment  of  sucli  additional  depu- 
ties, clerks  or  ciMployccs ;  and  thcri.'upon  the  Siipervi.sors,  hy  an 
affirmative  vot(!  of  not  less  than  fourteen  nieiiil>ers,  may  authorize 
such  appointments  and  i)rovi(le  for  the  eompen.sation  of  such  aj)- 
pointees,  sul)ject  to  the  limitations  contained  in  this  Charter,  and 
subject  to  the  i)rovisions  of  Article  XIII  thereof. 

First   Appointments    by    Mayor.     Beginning    and    Expiration    of    Terms    of 
Office. 
Sec.  36.    At  any  time  between  the  first  day  of  December,  in  the 


206        Charier  of  the  City  and  County  of  San  Francisco. 

year  one  thousand  eight  hundred  and  ninety-nine,  and  the  first  day 
of  January,  in  the  year  nineteen  hundred,  the  person,  who,  at  the 
election  held  under  this  Charter  in  the  month  of  November  next 
preeedinf?,  has  been  elected  the  J\Iayor  of  the  City  and  County, 
shall  make  all  the  appointments  provided  by  this  Charter  to  be 
made  by  him,  and  all  the  persons  so  appointed  shall  thereupon 
qualify  as  in  this  Charter  provided,  and  shall  take  office  at  the 
hour  of  noon  on  the  first  IMonday  after  the  first  day  of  January  in 
the  year  nineteen  hundred,  and  all  boards,  commissions  and  officers 
of  the  City  and  County  holding  by  appointment  under  existing 
laws  shall  hold  office  no  longer  than  said  last  aforesaid  time. 

Balances   in   the   Several    Funds  to    Be  Transferred   to  Their  Successive 
Funds  Under  the  Charter. 

Sec.  37.  The  balance  remaining  in  the. School  Fund  at  the  time 
this  Charter  takes  effect  shall  forthwith  be  transferred  to  the 
Common  School  Fund  created  by  this  Charter.  The  balance 
remaining  in  the  Library  Fund  at  the  time  this  Charter  takes 
effect  shall  forthwith  be  transferred  to  the  Library  Fund  created 
by  this  Charter.  The  balance  remaining  in  the  Park  Improve- 
ment Fund  at  the  time  this  Charter  takes  effect  shall  forthwith 
be  transferred  to  the  Park  Fund  created  by  this  Charter.  The 
balance  remaining  in  the  Unapportioned  Fee  Fund  at  the  time 
this  Charter  takes  effect  shall  forthwith  be  transferred  to  the 
Unapportioned  Fee  Fund  created  by  this  Charter.  The  balance 
remaining  in  the  Police  Relief  and  Pension  Fund  at  the  time  this 
Charter  takes  effect  shall  forthwith  be  transferred  to  the  Police 
Relief  and  Pension  Fund  created  by  this  Charter.  The  balance 
remaining  in  the  Surplus  Fund  at  the  time  this  Charter  takes 
effect  shall  forthwith  be  transferred  to  the  Surplus  Fund  created 
by  this  Charter.  The  balance  remaining  in  the  Special  Deposit 
Fund  at  the  time  this  Charter  takes  effect  shall  forthwith  be 
transferred  to  the  Special  Deposit  Fund  created  by  this  Charter. 
The  balance  remaining  in  the  General  Fund  at  the  time  this 
Charter  takes  effect,  the  balance  remaining  in  the  Street  Light 
Fund  at  the  time  this  Charter  takes  effect,  the  balance  remaining 
in  the  Street  Department  Fund  at  the  time  this  Charter  takes 
effect,  the  balance  remaining  in  the  Police  Contingent  Fund  at 
the  time  this  Charter  takes  effect,  the  balance  remaining  in  the 
Pound  Fee  Fund  at  the  time  this  Charter  takes  effect,  and  the 
balance  remaining  in  the  Special  Fee  Fund  at  the  time  this  Char- 
ter takes  effect,  shall  each  and  every  of  them  be  forthwith  trans- 
ferred to  the  General  Fund  created  by  this  Charter.  Out  of  the 
said  General  Fund  shall  be  paid,  as  in  this  section  hereinafter 
provided,  all  the  expenses  of  the  various  departments  of  the 
City  and  County,  except  such  expenses  as  are  by  this  Charter  to 
be  paid  out  of  the  Funds  specifically  provided  for  the  payment 
of  such  expenses.     For  the  six  months  ending  on  the  thirtieth 


Article  XVI,  Miscellaneous.  207 

day  of  June,  in  the  year  nineteen  hundred,  each  and  every  of 
said  departments  shall  expend  the  moneys  set  apart  to  each  of 
them  by  the  Board  of  Supervisors  of  the  existing  municipality. 
So  much  of  said  moneys  set  apart  by  said  Board  of  Supervisors 
to  the  Superintendent  of  Public  Streets,  Highways  and  Squares 
for  the  fiscal  year  ending  on  said  thirtieth  day  of  June,  in  the 
year  nineteen  hundred,  as  shall  remain  unexpended  at  the  time 
this  Charter  takes  effect,  shall  be  expended  during  said  six 
months  hy  the  Board  of  Public  Works  in  the  operations  of  the 
department  committed  to  its  charge.  All  the  expenses  of  the 
City  and  County  which  are  not  to  be  paid  out  of  specific  funds 
shall  be  paid  during  said  six  months  out  of  the  General  Fund. 
Should  the  moneys  set  apart  by  the  Board  of  Supervisors  of  the 
existing  municipality  to  any  department  of  the  City  and  Coiinty 
become  or  be  exhausted  at  any  time  during  said  six  months,  or 
should  any  department  created  by  this  Charter  have  no  money 
specifically  provided  for  it  during  said  six  months,  then  in  each 
such  case  the  expenses  thereof  shall  be  paid  out  of  the  General 
Fund,  notwithstanding  anything  contained  in  Sections  6  and  7  of 
Chapter  1  of  Article  ITT  of  this  Charter.  Such  ]>ensions  as  may 
accrue  to  firenion  under  Article  IX  of  this  Charter  during  said 
six  months  sliall  be  paid  out  of  the  General  Fund.  The  existing 
municipality  mentioned  in  this  section  is  the  existing  municipality 
of  the  City  and  County  of  San  Francisco,  and  the  several  funds 
which  are  to  be  transferred  as  in  this  section  provided  are  funds 
of  said  existing  municipality.  All  the  funds  of  said  exist inu: 
Huinicipality  not  mentioned  in  this  section,  and  which  are  author- 
ized by  law,  shall  be  continued  in  the  treasury  until  tho  necessity 
for  their  continuance  ceases. 

Balances  of   Unnecessary   Funds. 

Sec.  38.  "When  the  necessity  for  maintaining  any  Fund  of  the 
City  and  County  in  existence  at  the  time  this  Charter  takes  effect 
has  ceased  to  exist,  and  a  balance  remains  in  such  Fund,  the  Super- 
visors shall  so  declare  by  ordinance,  and  upon  such  declaration  such 
balaTice  shall  be  forthwith  transferred  to  the  General  Fund. 

Terms   of   Officers. 

Sec.  3Sa.  The  term  of  office  of  the  Mayor,  County  Clerk,  .\uditor. 
District  Attorney,  Sheriff,  Coroner  and  nine  of  the  eighteen  Su]mt- 
visors  shall  be  four  years,  connnencing  Jaiuiary  8.  11)12.  and  the 
term  of  office  of  the  Tax  Collector,  Kecorder,  City  Att(u-ney,  rublic 
Administrator,  Treasurer  and  nine  of  the  eighteen  Supervisors  shall 
be  two  years  until  the  eighth  day  of  January.  lf)1 1,  and  thereafter 
shall  be  four  years. 

Thereafter  all  the  terms  of  the  offii-ers  herein  named  shall  be 
four  years.  The  nine  Sujiervisors  receiving  the  highest  iuiinl)er  of 
votes  at  the  municipal  election  held  in  1011  shall  be  the  Sui)er- 
visors  whose  terms  shall  be  four  years  from  January  8,  1012,  and 


208        Charter  of  the  City  and  County  of  San  Francisco. 

the  terms  of  the  nine  Supervisors  receiving  the  next  highest  num- 
ber of  votes  at  said  municipal  election  shall  he  two  years  from 
January  8.  1912;  provided  that  if  it  should  be  impossible  to  deter- 
mine the  highest  number  of  votes  by  reason  of  others  having  re- 
ceived the  same  number  of  votes,  then  those  so  tied  shall  choose 
by  lot  the  four-year  term.  At  each  general  municipal  election 
officers  shall  only  be  chosen  to  succeed  those  whose  terms  expire  in 
the  month  of  January  next  following.  The  provisions  of  this  sec- 
tion shall  be  deemed  to  be  amendatory  of  all  other  provisions  in 
the  Cliarter  relating  to  the  terms  of  the  officers  herein  named, 
whether  heretofore  existing  or  contained  in  sections  amended  in  other 
respects  concurrently  with  the  adoption  of  this  amendment.- — New 
Section  added  hy  amendment  November  15,  1910;  approved  hy  the 
Lcqislature  February  17,  1911   (Statutes,  1911,  page  1661). 

Sec.  41.  It  is  hereby  expressly  provided  that  all  amendments 
to  the  Charter  submitted  and  adopted  concurrently  herewith  that 
create  new  positions  or  change  the  designation  of  any  officer  or 
employee,  or  which  increases  the  compensation  of  any  officer  or 
employee,  shall  not  take  effect  until  July  1,  1911. — Nerv  Section 
added  by  amendment  November  15,  1910;  approved  by  the  Legis- 
lature February  17,  1911  (Statutes,  1911,  page  1661). 

Sec.  42.  Except  as  otherwise  provided,  all  amendments  to  the 
Charter  submitted  and  adopted  concurrently  herewith,  or  that  may 
be  hereafter  adopted,  that  increase  the  salary  of  any  officer  or 
employee  shall  not  take  effect  until  the  end  of  the  fiscal  year  in 
which  such  amendment  is  ratified  by  the  Legislature  of  the  State 
of  California. — Neiv  section  added,  by  amendment  March  16,  1915; 
approved  by  the  Legislature  April  1,  1915  (Statutes,  1915). 

SCHEDULE. 
Publication  of  Charter,  and  Ratification  at  Special   Election. 

This  Charter  shall  be  published  for  twenty  days  in  The  San  Fran- 
cisco Call  and  in  the  Daily  Report,  daily  newspapers  of  gen- 
eral circulation  in  the  City  and  County  of  San  Francisco,  and 
after  such  publication,  viz:  on  Thursday,  the  twenty-sixth  day 
of  May,  in  the  year  one  thousand  eight  hundred  and  ninety-eight, 
it  shall  be  submitted  to  the  qualified  electors  of  said  City  and 
County  of  San  Francisco,  at  a  special  election  w^hich  shall  be 
held  on  that  day,  for  the  sole  purpose  of  voting  upon  the  adop- 
tion of  the  same;  and  if  a  majority  of  the  qualified  electors  of 
said  City  and  County  voting  at  said  election  shall  ratify  the  same 
it  shall  be  submitted  to  the  Legislature  of  the  State  of  Califor- 
nia for  its  approval  or  rejection.  If  the  Legislature  shall  ap- 
prove the  same,  it  shall  take  effect  and  be  in  force,  except  as 
hereinafter  otherwise  provided,  on  and  after  the  hour  of  noon  on 
the  first  Monday  after  the  first  day  of  January,  in  the  year  nine- 
teen hundred,  and  shall  thereupon  become  the  Charter  and  or- 
ganic law  of  the  City  and  County  of  San  Francisco,  and  shall  super- 


Article  XVI,  Schedule.  209 

cede  the  existing  Charter  of  said  City  and  County,  and  all  amend- 
ments thereof,  and  all  laws  inconsistent  with  this  Charter. 
The  form  of  ballots  at  said  election  shall  be  as  follows: 

For  the  New  Charter,  YES. 
For  the  New  Charter,  NO. 

For  the  sole  purpose  of  the  election  of  the  officers  directed  in 
this  Charter  to  be  elected  by  the  people,  this  Charter  shall  take 
effect  on  and  after  its  approval  by  the  Legislature,  and  the  election 
of  such  officers  shall  be  managed,  conducted  and  controlled  by  the 
Board  of  Election  Commissioners  in  and  for  said  City  and  County 
in  office  at  the  time  of  such  election. 

And  for  the  sole  other  purpose  of  the  Mayor  elected  under  this 
Charter  making  the  appointments  provided  in  this  Charter  to  be 
made  by  him,  and  of  tlie  qualification  of  the  persons  so  appointed, 
this  Charter  shall  take  effect  on  the  first  day  of  December,  in  the 
year  one  thousand  eight  hundred  and  ninety-nine. 

Be  It  Known.  That  the  City  and  County  of  San  Francisco,  con- 
taining a  population  of  more  than  two  hundred  thousand  inhabi- 
tants, on  the  twenty-seventh  day  of  December,  in  the  year  one 
thousand  eight  hundred  and  ninety-seven,  and  under  and  in  ac- 
cordance with  tlie  provisions  of  Section  8,  of  Article  XI,  of  the 
Constitution  of  this  State,  did  elect  the  undersigned  a  Board  of 
Fifteen  Freeholders,  to  prepare  and  propose  a  Charter  for  said 
City  and  County;  and  we,  the  members  of  said  Board,  in  pur- 
suance of  such  provisions  of  the  Constitution,  and  within  a  period 
of  ninety  days  after  such  election,  have  prepared  and  do  propose 
the  foregoing,  signed  in  duplicate,  as  and  for  the  Charter  for  said 
City  and  Count.v  of  San  Francisco. 

In  Witness  Whereof,  we  have  hereunto  set  our  liands  in  dupli- 
cate, this  twenty-fifth  day  of  March,  in  the  year  one  thousand  eiglit 
hundred  and  ninety-eight. 

JOSEPH  BKITTON,  Prrsidrnf, 
JEKOME  A.  ANDERSON, 
JAMES  BUTLER, 
II.  N.  CLEMENT, 
A.  COMTE,  Jr. 
ALFRED  CRIDGE, 
L.  R.  ELLEK'T, 
ISIDOR  miTTE, 

P.  II.  McCarthy, 

JOHN  NICHTTNCALE,  Jr. 
JOHN  C.  NO F 5 MANN, 
JOSEIMF  O'CONNOR, 
LIl'PMANN  SACHS, 
EDWARD  R.  TAYLOR, 
A,  W.  THOMPSON, 

Attest:    J.  RICH'D  FREUD,  Secretary. 


210         Charter  of  the  City  and  County  of  San  Francisco. 


City  and  County  of  San  Francisco. 

State  of  California,  ^^• 

This  is  to  certify  that  we,  James  D.  Phelan,  Mayor  of  the  City 
and  County  of  San  Francisco,  and  Thomas  J.  Glynn,  County 
Recorder  of  said  City  and  County,  have  compared  the  foregoing 
proposed  and  ratified  Charter  with  the  duplicates  mentioned 
therein,  and  find  that  the  same  is  an  exact  copy  thereof;  and  we 
further  certify  that  the  facts  set  forth  in  the  preamble  preceding 
said  Charter  herein  are  true. 

Dated,  San  Francisco,  Cal.,  December  thirtieth,  eighteen  hun- 
dred and  ninety-eight. 

JAMES  D.  PHELAN, 
Mayor  of  the  City  and  County  of  San  Francisco. 
THOS.  J.  GLYNN, 
County  Recorder  of  the  City  and  County  of  San  Francisco. 


INDEX 


Section  or 

Subdixiaion  Page 

ABSENCE,  from  the  State,  when  permitted 3  197 

ACADEMY  OF  SCIENCES,  may   erect  Museum   in 

Golden  Gate  Park 12  190 

ACCOUNTS,  Auditor  the  custodian  of 1  41 

Auditor  to  examine  and  settle 10  36 

Investigation  of,  by  Supervisors 8-4  14-15 

Method  of  keeping  in  Auditor's  office 3-4  41-42 

Public  utilities,  how  kept 16  177 

Treasurer  to  keep  each  separately 2  43 

ACQUISITION  OF  PUBLIC  UTILITIES  (See  Public 
Utilities). 

ACTIONS,  against  City  for  injuries 5  2 

By  City  Attorney,  when 2  51 

By  District  Attorney,  when .  . ' 2  53 

Civil  Service  provisions,  violation 20  185 

For  recovery  of  public  property 4  2 

Police  Court,  who  to  conduct  in 2  53 

To  condemn  property  for  public  use 12  9 

ADVERTISING,  contract  for  supplies 1  21 

Delinquent  tax  list 2  23 

For  stationery  supplies  and  printing 3  23 

For  surrender  of  outstanding  bonds 7  31 

Franchises  for  street  railways 6  15 

Official  newspaper  for,  charges,  etc 2  22 

Sale  of  personal  property 33  12 

Soliciting  proposals  for  public  work,  exception. . .  15  66 

ALMSHOUSE,  under  charge  of  Board  of  Health 3  149 

AMBULANCE  SERVICE,  charge  Board  of  Health. ..  3  149 

ANIMALS,  prevention  of  cruelty  to 19  10 

Prevention  of,  running  at  large 8  9 

AMENDMENTS,  to  Charter  by  majority  vote,  when.  22  6 

To  Charter,  how  proposed  by  the  people 22  6 

To  Charter  1911,  when  to  take  effect 41  208 

APPOINTMENT,    of   boards,    commissions,    and    of- 
ficers (see  under  appropriate  titles.) 
Of  clerks,  deputies,  and  employes  (see  under  ap- 
propriate departments). 

By  Mayor  of  all  officers  not  otherwise  specified.  .  4  40 

By  Mayor  under  Charter,  when  to  be  made '.16  20r> 

Of  additional  deputies,  etc.,  when  and  how ;<r>  20r) 

Of  all  municipal  officerH,  to  hv  in  duplicate 22  201 

Of  interpreters  in  Courts 1  HI 

Of  laborers,  by  ijrlority  of  ;ii)plicatlon 5  180 

Of  successors  to  officerK  suspended 18  200 

Sex  to  be  disregarded,  when 9  181 

Temporary,    limited    to   sixty   days 10  181 

Under  Civil  Service  i)rovlsions 11  182 

APPORTIONMENT  OF  TAXES 11  27 

APPROPRIATIONS,   money   to  be  drawn   only   by..  6  26 

Warrants  drawn  only  upon  unexhausted 7  20 

Weekly  statements  of  unexpciudc-d  balances 10  27 


212 


Index 


Section  or 

Subdivision  Page 

ART,  WORKS  OF,  acceptance  and  location 10  189 

ASSESSMENT,  district,  for  street  improvements...  11  80 

Ordinances  levying  13  15 

Street  improvements,  limit  to 8  76 

Street  improvements,  how  levied 9  76 

Street  improvements,  warrants  for 12  80 

ASSESSOR,    City    Attorney    to    collect    delinquent 

taxes   3  49 

Election,  at  what  time 1  153 

Election,  qualifications,  term,  salary 1  47 

Deputies,  clerks,  assistants  and  salaries 1  47 

To  assess  property  as  prescribed  by  law 2  48 

ASSISTANTS   (see  under  appropriate  titles  or  de- 
partments). 

ATTORNEY,  City  and  County  (see  City  Attorney). 
District  (see  District  Attorney). 

Special  for  Auditor 2  41 

Special  for  Sheriff 2  55 

AUDITOR,  accounts  of,  how  kept 3  41 

At  office  daily 1  41 

Adjust  accounts  of  officers  monthly 8-10  35-36 

Allowance  for  special  attorney 2  41 

Annual  estimate  of  city's  necessities  and  income  2  25 

Certificate  of,  on  contracts  over  $250,  exception. .  10  27 

Countersign  demands  on  treasury 2  43 

Deduct  from  salaries  for  absence 6  42 

Deliver  licenses  to  Tax  Collector 5  49 

Demands,  not  allowable,  when 5-6  42 

Demands  on  treasury  to  be  audited  by 3  41 

Demands,  action  in  order  of  registration 8  43 

Deputies,  clerks,  assistants,  and  salaries 2  41 

Election  of  Auditor,  at  what  time 1  153 

Election,  qualifications,  salary 1  41 

Endorse  "Allowed"  on  approved  demands 7  42 

Examine  claims  for  mileage  fees,  etc 11  36 

Four-year  term  for 38a  207 

Furnish  blank  receipts  to  officers 5  35 

Furnish  blank  receipts  to  officers 5  34 

Have  custody  of  "Duplicate"  receipts 4  46 

Head  of  Finance  Department  of  City 1  41 

Joint  custodian  of  public  funds 3  46 

Keep  official  register  of  demands 8  43 

May  require  claimant  to  be  sworn  as  to  claim. . .  6  42 

Must  know  condition  of  treasury 1  41 

School  Fund,  segregation  annually  for  salaries..  9  117 

Shall  not  approve  pay  rolls  or  demands,  when. ...  19  185 

Salary  of,  audited  by  Mayor 13  37 

Shall  not  approve  demands  when 4  42 

State  condition  of  treasury  to  whom 1  41 

To  number  and  record  demands 4  42 

To  fix  rate  of  interest  on  deposits 2  43-46 

Weekly  statements  of  unexpended  balances 10  27 


B 


BAGGAGE,  transportation  of 

BAIL  BONDS,  custody  of 

BAILIFFS,  for  Police  Court 

BANKS,  deposit  of  public  funds  in. 


7 

9 

5 

58 

14 

60 

2 

43-46 

Index 


213 


Section  or 

Subdivision 

BEQUESTS,  Public  Library 3-4 

Public  Parks  8 

Public  Schools 12 

BIDS  (see  also  Contracts). 

Cleaning  and  sprinkling  streets 29 

Franchises  for  street  railroads 6 

Printing  delinquent  tax  list 2 

Stationery  for  public  offices 3 

Supplies  in  general 1 

BILLS  (see  Ordinances). 

BOARD  OF  EDUCATION  (see  under  Schools). 

BOARD  OF  ELECTION  COMMISSIONERS  (see  un- 
der Elections). 

BOARD  OF  EQUALIZATION,  officers  of,  etc 2 

BOARD    OF    FIRE    COMMISSIONERS    (see    under 
Fire  Department). 

BOARD  OF  FIRE  PENSION   FUND  COMMISSION- 
ERS (see  under  Fire  Department). 

BOARD  OF  FREEHOLDERS,  certification,  new  char- 
ter   

BOARD  OF  HEALTH    (see    under    Health    Depart- 
ment). 

BOARD  OF    PARK    COMMISSIONERS    (See    Park 
Commisisoners). 

BOARD  OF  PLAYGROUND  COMMISSIONERS  (see 
under  head  of  Playground  Commissioners). 

BOARD  OF  POLICE  COMMISSIONERS  (see  under 
Polif^p   I3pr)?i  rtinPTif'  1 

BOARD  OF    POLICE    PENSION    FUND    COMMIS- 
SIONERS (see  under  Police  Department). 

BOARD  OF    PUBLIC    WORKS    (see    under    Public 
Works). 

BOARD  OF  SUPERVISORS  (see  under  Supervisors). 

BOARDS,  DEPARTMENTS,  etc.,  seals  for 23 

BLOCK,  defined   26 

Subdivision    of    28 

BONDS,  additional,  may  be  required  of  officials. ...  5 

Bail  and  appeal   5 

Deputies,  etc.,  may  be  required  to  give 7 

Examination  of,  by  Supervisors 3 

Issued  for  public  improvements  in  certain  cases.  29V^ 

Liability  of  officers  upon fi 

Official  amounts  of 2 

Official,  approved,  execution,  record  of 1 

Premium  on,  to  be  paid  by  City  and  County 2 

Public  buildings  and  imi)rovements 29 

Public  utilities,  acquisition  of 1-lfi     1 

Public  works,  officers  and  employes  under 4 

Public  works,  contractors  under IT) 

Redemption  of  outstanding 7 

Street  improvement  may  ho  issued 29'/^ 

Supervisors  authorized  to  .soil  library  bolow  par.  10a 

Sureties  on,  number  of,  worth  of,  etc 3-4 

Tax  for  payment  of 12 

BOOKS  AND  RECORDS,  open  to  public 13 

Transfer  of,  when  Charter  takes  effort 12 

BOUELEVARDS,  doHlgnutPd  by  SiiporvisorB 2r> 

Control  of  by  Hoard  of  Public  Works 1 

Railroad  franchises  on fi 

BOUNDARY,  of  City  and  County 2 


Page 
124 
189 
118 

90 
15 
22 
23 
21-22 


14 


209 


10 

88 

81' 

196 

58 

196 

14 

202 

196 

195 

195 

195 

202 

69-177 

61 

66 

31 

203 

175 

196 

176 

199 

199 

11 

63 

15 

1 


214  Index 

Section  or 
Subdivision        Page 

BUDGET,  annual,  prepared  by  Supervisors 3  25 

Contents  and  action  on 3  25 

Veto  of  any  item  by  Mayor 4  25 

BUILDINGS,  construction  of,  supervision 5  64 

Construction  and  repair  of  public 6  64 

Contracts  for  lighting  public  6  24 

Moving,  permits  for   1  63 

Municipal,  may  be  acquired  or  constructed 29  202 

Wooden,  restriction  within  certain  limits 5  8 

BUREAU  OF  SUPPLIES,  chief  of  Bureau  and  em- 
ployes    38  13 

Power  and  duty  of 38  13 

Supervisors  may  establish 38  13 

BUSINESS,  exemption  from  license  taxes 15  9 

C 

CANDIDATES  FOR  OFFICE,  provisions  relative  to.  153-160 

CARRIAGES,  hackney,  regulation  of 

CARRIERS,  regulation  of  

CARS,  danger  from,  regulations  to  avoid 

Permits  for  running  temporarily 

Regulations  of,  in  streets 

CENSUS   MARSHALS,  school    

CERTIFICATES  (see  Official  Receipts). 
CHARGES,  electric  power  or  lighting,  regulation  of 

Fixing  of,  not  otherwise  provided 

CHARTER   OF  CITY   AND   COUNTY,   approval   of 
by  the  Legislature 

Certification  of,  by  Freeholders 

Publication  of 

Special  election  upon 

Supersedes  what  laws  

Terms  of  appointed  officers  terminate,  when.... 

When,  becomes  operative  

When  officers  first  appointed,  take  office 

CHIEF  ENGINEER  FIRE  DEPARTMENT   (see  un- 
der Fire  Department). 
CHIEF  OF  POLICE  (see  under  Police  Department). 
CITY  AND  COUNTY  HOSPITAL   (see  under  Hos- 
pitals). 
CITY  AND  COUNTY  OF  SAN  FRANCISCO, 

Actions  for  or  against   

Boundary  of 

Charter  of 

Employes  of,  under  Civil  Service 

Liability  for  damages  to  persons  or  property. . . . 

Municipal   corporation,   may   hold    property 

May  receive  bequests  and  gifts 

Public  property  and  rights  of 

Seal  of,  in  whose  custody 

CITY  AND  COUNTY  SURVEYOR, 

Succeeded  by  City  Engineer 

CITY  ATTORNEY,  actions,  briefs,  etc.,  record  of. . 

Assistants  and  clerks,  salaries  and  qualifications. 

Board  of  Education,  conduct  proceedings  for.... 

Books  to  be  delivered  to  successor 

Contracts  for  Board  of  Public  Works,  drawn  by. . 

Devote  entire  time  to  duties  of  office 

Duties  in  reference  to  suits 


7 

9 

7 

9 

27 

11 

3 

8 

27 

11 

7 

117 

7 

17 

17 

10 

208-209 

208-209 

208-209 

208-209 

208-209 

36 

205 

208-209 

36 

205 

4 

2 

2 

1 

1 

11 

182 

5 

1-3 

1 

1 

1 

3 

1 

7 

4 

11 

65 

3 

52 

5 

52 

8 

117 

4 

52 

21 

68 

1 

51 

2 

51 

Index 


215 


Section  or 

Subdivision  Page 

CITY  ATTORNEY  (Continued). 

Election  of,  at  what  time 1  153 

Election  qualifications,  term,  salary 1  51 

Four-year  term  for 38a  207 

Franchises  forfeited,  actions  to  annul 3  40 

Legal  advice  to  officers,  boards,  etc 2  51 

Litigation,  when  may  settle 2  51 

Police  officer  on  detail  in  office  of 5  52 

Recovery  of  city's  money  or  property 14  37 

Shall  collect  delinquent  taxes  when 3  49 

To  approve  bonds  deposited  as  security  for  public 

funds    2  43-46 

CIVIC  CENTER,  location  of 10  20 

Supervisors  may  acquire  land  for 10  20 

Supervisors  may  authorize  erection  of  auditorium, 

museum,  etc 10  20 

Supervisors  may     exchange     land    with     Library 

Trustees   10  20 

Supervisors  may  convey  land  to  State  for  State 

building 10  20 

CITY  BOARD  OF  EXAMINATION, 

Members  of,  powers  and  duties 6  121 

CITY  ENGINEER  (see  under  Public  Works). 
CITY  HALL  COMMISSIONERS    (see  under  Public 

Works). 
CIVIL  SERVICE,  appointees,  etc.,  list  to  be  filed..  .  19  185 
All  pay  rolls  or  demands  to  be  approved  by  Com- 
mission      19  185 

Auditor  not  to  approve  pay  rolls  or  demands  until 

Commission   approves    19  185 

Appointee  not  to  have  salary  above  his  grade...  2  178 

Appropriation   for    1  178 

Appointment  of  all  officers,  etc.,  to  be  filed  with  22  201 

Appointments,  transfers,  etc.,  notice  of 13  184 

Charges  against  employe  filed  l)y  whom 12  183 

Commission  may  employ  permanent  assistants.  . .  17  185 
Commissioners  may  grade  and  regrade  positions 

of  any  class  2  178 

Commissioners  removed  how 1  178 

Candidates  not  disqualified  on  account  of  sex.  ...  9  181 

Chief  examiner  and  secretary,  duties  and  salary.  16  184 

Classified  Civil  Service,  what  constitutes 2  178 

Classified  service,  promotions  in   8  181 

Commissioners  of,  appointment  of 1  178 

Commissioners,  annual  report  of 15  184 

Departments  governed  by  this  Article 11  182 

Disabled  employes,  how  provided  for T^^  180 

Deputies,  clerks  and  employes  exempt  from....  11  182 
Employes  of  Public  Utility  taken  by  City,  for  one 

year,  retained   11  182 

Examinations,   practical   in   character    4  179 

Examination,    rules,    rcgiiiaHons .'!  179 

Examinations,  public,  competitive  and  free 4  179 

Examiners  for,  may  bo  ajjpointcd 5  179 

Expenses,  office  rooms,  etc 17  185 

Grounds  for  removal    12  183 

Laborers  appointed  by  priority  of  application.  ...  5  179 

Mechanical  trades,  applicants  how  ratnd 5  179 

New   positions,    CommissionerH    to   give   designa- 
tion    2  178 


21(3  Index 

Section  or 
Subdivision        Page 

CIVIL  SERVICE  (Continued). 

Not  exceeding  three  names  to  be  certified  for  pro- 
motion     8  181 

Not  more  than  three  names  highest  on  register 

to  be  certified  9  181 

Names    of    candidates    stricken    from    register, 

whom  10  181 

One  year's  service  qualifies  without  examination, 

when   

Offices  and  departments  under  

Positions,  how  filled 

Preference  for,  what  employes 

Promotions,  how  provide  for 

Police  Department,  governs  new  appointments. . 

Positions,  rules  governing   

Public  notice  of  examinations  and  rules 

Public  notice  of  time,  etc.,  for  examinations.... 

Public  Offices,  Commission  may  investigate 

Probation  of  Candidates  

Prosecutions    for   violation    of 

Purposes  of,  not  to  be  defeated 

Removal   of  name   from    Civil   Service   register, 

when    

Removal,  provisions  not  to  apply  to  public  utility 

employes    

Registration  of  successful  applicants 

Removals,  suspensions,  etc 

Report  annually  to  Supervisors 

Special  Examiners,  pay  of 

Sex  to  be  disregarded,  except 

Suspensions  under  this  Article 

Treasurer  not  to  pay  salaries  unless  approved  by 

Commission    

Term  of  office,  salary,  qualifications 

CIVIL    SERVICE    COMMISSION    (see    under    Civil 

Service). 
CLAIMS  (see  Demands). 

CLASSIFIED  CIVIL  SERVICE  (see  under  Civil  Serv- 
ice). 
CLEANING  OF  STREETS,  Supervisors  to  regulate 

and  control  appliances  for 

Board  of  Public  Works,  special  charge  of 

Board  of  Public  Works,  control  of 

CLERKS  (see  under  appropriate  departments). 
CLERKS,  ASSISTANTS,  EMPLOYES,  GENERALLY 

(see  Deputies). 
CLERK  OF  BOARD  OF  SUPERVISORS  (see  under 

Supervisors). 
CLOSING  STREETS  (see  street  opening). 

COLLECTION,  fees,  percentage,  etc 

Licenses  

Tolls  for  wharfage 

COMMISSIONERS  AND  BOARDS  (see  under  appro- 
priate headings). 
COMMISSIONS  (see  Fees). 
COMMON  SCHOOL  FTJND  (see  under  Funds). 

COMMON  SEAL,  for  City  and  County 23  10 

COMPENSATION  (see  Salaries  and  Fees). 

CONDEMNATION,  of  property  for  public  use 12  9 

Private  property  for  street  improvement 1  92 


11 

182 

11 

182 

9 

181 

11 

182 

8 

181 

1 

134 

9 

181 

o 

179 

6 

180 

14 

184 

10 

181 

20 

185 

18 

185 

9 

181 

12 

183 

7 

180 

12 

183 

15 

184 

17 

185 

9 

181 

12 

183 

19 

185 

1 

178 

13 

9 

29 

90 

3 

63 

3 

34 

15 

9 

2 

104 

Index  217 

Section  or 

Subdivision  Page 

CONDUITS,  franchises  for  laying  5  15 

Board  of  Public  Works,  control  of 7  64 

CONSTRUCTION,  of  schoolhouses   1  122 

Sewer  system   22  10 

Municipal  buildings,  etc 29  202 

CONTEMPT  OF  COURT,  in  Police  Court 3  f.7 

CONTRACTS,  award  of 1  21 

Auditor  to  indorse  certain   10  27 

City  work,  maximum  hours,  minimum  wages....  1  21 

Countersigned  by  Clerk  of  Supervisors Ti  24 

Days'  labor,  Board  of  Public  Works,  option  of . . .  .  9  64 

Deposits  to  be  made  with  bids 1  21 

Exceeding  $250,  subject  to  restrictions 10  27 

Executed  by  Mayor   5  24 

Executed  in  name  of  City 5  24 

Fire  Department,   provisions   governing 4  141 

Let  to  lowest  bidder   1  21 

Lighting  streets  and  public  buildings 6  24 

Official  advertising   2  22 

Officials  not  to  be  interested  in 6  19S 

Parks,  provisions  governing 4  1 87 

Penalty  for  aiding  bidders 4  24 

Printing   2  22 

Progressive  payments  on   21  69 

Proposals  to  be  advertised  "I  21 

Proposals  to  be  opened  before  bidders 1  21 

Public  work 14-22  66-70 

School  supplies    2  119 

Stationery 3  23 

Supplies,  bids  for  separate  articles 1  21 

Supplies  for  prisoners  1  21 

To  be  in  writing  5  24 

COPYING,  in  County  Clerk's  office,  charges  for 3  54 

Public  records,  price  of,  etc 13  199 

COPYISTS,  in  County  Clerk's  office 2  54 

CORONER,  deputies  and  assistants  and  salaries 2  50 

Duties  as  prescribed  by  law 1  49 

Election,  qualifications,  term,  salary 1  49 

Election  of,  at  what  time 1  1'''3 

Four-year  term  for  38a  207 

Morgue,  to  have  management  of 1  49 

CORPORATION   STORE   YARD,    Public  Works 32  91 

Fire  Department   9  140 

Materials  to  be  kept  in 32  91 

Storekeeper  appointed  for,  duties 32  91 

COUNSEL,  special  (see  Attorney). 

COUNTY  CLERK,  copies,  charges  of 3  54 

Court  moneys  for  Special  Deposit  Fund 4  31 

Deputies,  assistants,  clerks  and  their  salaries...  2  54 

Election  of,  at  what  time 1  1  ^'3 

Election,  term,  salary,  powers  and  duties 1  f'4 

Four-year  term  for   38.1  207 

Moneys  to  be  paid  for  Law  Library  1  60 

Police  Court  Clerks  appointed  by 2  54 

COUNTY  JAILS,  Supervisors  to  maintain,  etc 11  9 

COURT,  .lustlcos'  (see  .lustices'  Court). 
Police  (see  Police  Court.) 
Superior  (see  Ru[)frior  C'ourt). 

CRUELTY  TO  ANIMALS.  Prevention  of 19  10 

CUSTODY  OF  PUBLIC  MONEYS 34-38 


218  Index 

D 

Section  or 

Subdivision  Page 

DAMAGES,  claims,  when  presented 8  18 

From  defective  streets 5  2 

DEATHS,  Board  of  Health  provide  registration  of..  4  150 

DEFALCATION,  public  officers,  proceedings  against  4  15 

Suspensions  from  office  for 2  39 

DELINQUENT  TAXES,  publication  of 2  22 

Taxes,  collected  by  Tax  Collector 2  48 

When  collected,  how  used 6  31 

DEMANDS,  against  treasury,  Auditor's  approval.  ...  3  41 

Approved  by  Supervisors   19  6 

Against  treasury,  remaining  unpaid 6  31 

Against  treasury,  to  be  specific  7  42 

Against  treasury,   when   barred 1  38 

Against  treasury  in  any  one  month 9  26 

Approval  by  proper  board  before  payment 5  42 

Approval  of,  penalty  for  illegal 11  199 

Authority  for,  to  be  shown 13  37 

Cancellation  of  6  47 

Common  School  Fund   10  118 

Damages,  to  whom  presented 8  18 

Exceeding  $200  to  be  approved  by  Mayor 19  6 

Exceeding  $500,  resolution  to  be  published  five 

days   19  6 

Form  of  fixed  by  Supervisors  39  13 

Must  specify  items,  date,  provisions  in  Charter. .  5  47 

No  invalid,  to  be  paid   13  28 

Presented  to  Auditor 7  42 

Payment  of   1  38 

Persons,  etc.,  Indebted  to  city  6  42 

Registration  of 8  43 

Revival  of,  when  1  38 

Salaries,  etc.,  payable  monthly 1  38 

Street  work,  by  contractors 12  80 

To  show  what,  before  Auditor  allows 4  42 

To  be  acted  upon  in  order  of  registration 9  26 

DEPARTMENTS  (see  under  separate  headings). 
DEPARTMENT  OF  ELECTIONS   (see  Elections). 
DEPARTMENT  OP  ELECTRICITY  (see  under  Elec- 
tricity). 
DEPARTMENT  OF  PUBLIC  HEALTH    (see  under 

Health  Department). 
DEPARTMENT   OF  PUBLIC   WORKS    (see   Public 
Works). 

DEPOSIT  OF  PUBLIC  MONEYS  IN  BANKS 2  43-46 

DEPUTIES    (see   under   appropriate    departments). 

Additional,    how    provided 35  205 

Duties  of,  as  assigned  by  heads  of  departments.  .  30  204 

General  qualifications  necessary,  residence 2  197 

Removal  of,  when  and  how 21  200 

Salaries  for  actual  services  only 33  205 

DETECTIVES  (see  under  Police  Department). 

DISBURSEMENT  OP  MONEY,  authority  of 15  29 

By  Treasurer  only 1  34 

Of  school  moneys   10  118 

DISTRICT  ATTORNEY,  assistants  and  clerks,  sal- 
aries and  qualifications   3  53 

Election  of,  at  what  time 1  153 

Election,  qualifications,  term  and  salary 1  52 

Four-year  term  for 38a  207 


Index 


219 


Section  or 
Subdivision 


DISTRICT  ATTORNEY  (Continued). 

General  duties,  etc.,  of 

Police  Court,  conduct  cases  in 

Property  levied  upon  for  fines,  purchase  of 

Warrant  and  Bond  Clerk,  appointment  of 

DOCUMENTS,  Supervisors  to  prescribe  method   of 

keeping   

DRAINAGE  AND  SEWERS   (see  Sewers). 
DUTIES  (see  under  separate  boards  and  officers). 


2 
2 
4 
5 

41 


Page 

53 
53 
53 
58 

13 


EARNINGS  OF  PUBLIC  UTILITIES  (disposition  of)  12 
ELECTION  COMMISSIONER  (see  under  Elections). 

ELECTIONS,  governed  by  general  laws  of  State...  5 

Ballots  for,  provisions  relating  to 6 

Management  and  control  of 1 

Municipal,  what  officers  elected  at 1 

Municipal,  when  to  be  held 1 

Officers  elected  under  Charter,  take  office 2 

Officers  of,  to  be  under  Civil  Service 4 

Officers  of,  salaries,  services 4 

Precinct  registration,  to  be  provided  for 5 

Proclamation  for  municipal 5 

Special  for  issue  of  bonds,  proceedings 4-10 

Special,  on  new  Charter 

Special,  upon  acquisition  public  utilities 3-4 

ELECTION  COMMISSIONERS, 

Action  by  initiative  of  the  people 1-10 

Action  by  referendum  of  the  people 3 

Action  by  on  recall  petition 3-5 

Action,  amendments  by  the  people 22 

Appointed  by  Mayor,  when 1 

Appointment  of  by  Mayor 1 

Clerical  assistants,  duties,  compensations,  etc.  4 

Control  and  management  of  elections 1 

Election  of  President  of,  etc 3 

Five  members  to  constitute 1 

Provisions  for  precinct  registration 5 

Qualifications,  term,  salary,  classification  of . .  1 

To  abstain  from  political  acts 2 

REGISTRAR  OP  VOTERS, 

Abstain  from  political  acts 2 

Appointment  of,  term,  salary,  duties 3 

Duties  of 3 

(See  also  Initiative,  Referendum  and  Recall). 
ELECTRICITY,  DEPARTMENT  OF, 

Appointment  of  assistants,  salaries 3 

Chief  of,  qualifications,  appointment,  salary 2 

Connection  with  the  system  by  citizens 5 

Employes  of,  salaries  3 

Fire  and  Police  Departments  to  control  their  own 

systems  4 

Fire  Alarm  and  Police  Telegraph,  in  charge  of. .  1 

Inspection  and  superviBlon  of  wires fi 

Joint  commission  to  control,  how  constitntr-d.  ...  1 
ELECTRIC  LIGHT  AND  POWER   (see  LlRhting). 

ELECTRIC  LIGHT   WORKS,  arqulsition   of 1 


27 

153 

157-159 

152 

153 

153 

154 

153 

153 

153 

156 

170-173 

208 

169-171 

160-164 

164-165 

165-168 

6 

152 

152 

153 

152 

153 

152 

153 

152 

152 

152 
153 
153 


14S 
148 
148 
148 

148 
148 

148 
148 

169 


220 


Index 


Section  or 
Subdivision 

ELECTRIC  POWER,  charges  for,  regulation  of 7 

Franchises  for  erecting  poles  or  wires 7 

Location,  quality,  rates 13-14 

EMERGENCIES,  approval  of  tax  by  all  Supervisors.  13 

Extra  taxation  for,  when 13 

Schools,  cases  of  3 

EMPLOYES,  general  rules  governing  (see  Officers). 
In  classified  service  (see  Civil  Service). 

Qualifications  generally  required 2 

Removal  of,  for  cause  and  after  trial 12 

EMPLOYMENTS,  exempt  from  licenses 15 

ENACTING  CLAUSE  FOR  ORDINANCES 8 

EQUALIZATION,  Board  of   2 

ESTIMATES,  City's  annual  expenditures 2 

Yearly  expenses  furnished  by  boards,  etc 1 

EXAMINERS,  for  Civil  Service  appointments 5 

EXECUTION,  property  levied  on,  purchase  of 34 

Of  trusts  confided  to  City 30 

EXECUTIVE  DEPARTMENT  (see  Mayor,  Auditor, 
Treasurer,  Assessor,  Tax  Collector,  Coroner, 
Recorder). 

EXEMPT  FIREMEN,  relief  of 36 

EXPENDITURES,  annual  estimates  by  departments  1 

Auditor  to  prepare  estimate  of  annual 2 

Limit  of,  for  school  purposes 1 

Limit  of  tax  levy  for  City's 11 

Tax  levy  to  contain  specific  items 3 

EXPENSE,  definition  of,  in  street  work 26 

EXPOSITION    (see    under    Panama-Pacific    Exposi- 
tion). 
EXTENDING  STREETS  (see  Street  Opening). 


Page 
17 
17 
9 
28 
28 

122 


178 

183 

9 

4 

14 

25 

25 

179 

12 

12 


12 
25 
25 
121-122 
27 
25 
89 


FAIR  OR  EXPOSITION,  when  permitted  in  parks.. 

FARES,  power  to  regulate  street  railroad 

FEES,  County  Clerk,  for  copies,  etc.,  of  records. . . . 

Deputies,  clerks,  employes  to  receive  none 

Official  services  

Percentages,  etc.,  to  be  paid  into  treasury 

Public  Administrator's    

Salaried  officers  to  receive  none 

FELONY,  reward  for  conviction  of 

FINANCE  COMMITTEE  OF  SUPERVISORS,  duties 

Water  and  Light  companies,  examination  of  books 
FINANCE  AND  TAXATION  (see  Taxes  and  Funds) 

Department,  Auditor  the  head  of 

FIRE  ALARM  AND  POLICE  TELEGRAPH  (see  un- 
der Electricity). 
FIRE  ALARM  STATION,  Supervisors  may  erect  in 

Jefferson  Square   

FIRE   COMMISSIONERS    (see   under   Fire   Depart- 
ment). 
FIRE  DEPARTMENT,  appointment  of  members  of. 

Appointments  and  dismissals  for  cause 

Chief's   Operators    

Civil  Service  Examinations  not  to  apply  to  pres- 
ent members  

Companies,  engine,  hook  and  ladder,  tower,  etc.. . 


6 

188 

27 

11 

3 

54 

2 

34 

17 

10 

3 

34 

1 

54 

2 

34 

21 

10 

3 

14 

4 

15 

6a 


41 


188 


1 

139 

7 

140 

4 

142 

1 

141 

1 

143 

Index  221 

Section  or 
Subdivision        Page 

FIRE  DEPARTMENT  (Continued). 

Contracts,  provisions  governing 4  141 

Fines  on  members,  how  deducted  and  applied.  ...  8  140 

Members  disabled,  when  allowed  salaries 3  141 

Members  killed,  pensions  to  families 5  145 

Members  to  be  engaged  in  no  other  employment.  .  10  141 

Members  of,  may  be  pensioned  when 3-4     144-145 

Members  of,  may  be  dismissed  when 2  141 

Officers  and  employes  removed  for  politics 32  204 

Officers  and  employes  to  abstain  from  politics..  32  204 

Qualifications   of  appointees 6  139 

Salary  during  disability 3  141 

Salaries  of  officers  and  members 1  147 

Supplies,  how  and  when  delivered 9  140 

Tax  levy,  to  meet  all  demands  of  Relief  Fund. ...  2  144 

To  be  re-organized,  when 1  141 

Under  management  of  Fire  Commissioners 1  139 

Vacations  for  firemen 2  147 

FIRE  COMMISSIONERS, 

Abstain  from  taking  part  in  politics 32  204 

Appointed  by  Mayor 1  139 

Composition  of,  as  to  politics 2  139 

Contracts,  how  to  be  awarded,  etc 4  141 

Corporation  store  yard   9  140 

Dismissals,  when  2  141 

Estimate  annually  amount  for  relief  fund.  ...  7  146 

Fire  Department  under  management  of 1  139 

Four  members  to  constitute   1  139 

Ineligible  to  any  elective  office 31  204 

Number  and  duties  of  members  of  Department  '>  139 

Organization  of  the  Department H  139 

Pensions  to  firemen,  when  3  144 

Political  interference  cause  for  removal 32  204 

President  and  Secretary  of,  duties,  salary...  4  139 

Property  and  money  for  Department 5  139 

Qualifications,  term,  salary 1-2  139 

Those  first  appointed,  classification 2  139 

CHIEF  ENGINEER, 

Chief  executive  officer  Department 1  142 

Operators  for    4  142 

Powers  and  duties  of 1-3  142 

FIRE  MARSHAL,  appointment  of  and  assistants  1  143 

City  not  liable  for  salaries  of 1  143 

May  sell  property  saved,  when 4  143 

Powers,  duties,  salary 1-5     143-144 

Report  of,  when  crime  suspected 4  143 

FIRE  PENSION  FUND  COMMISSIONERS,  moot- 

Ings,  records,  powers,  duties,  procoedings.  .  S-H  HO 
FIREMEN,  Indigent,  Exempt,  appropriations  for 

relief  of 3fi  12 

FIREMEN'S  RELIEF  FTTND, 

Condition  of,  reported  rpiarterly S  14fi 

Estimate  of  amount  annually  required 7  146 

Forfeiture  of  pension 6  146 

Moneys  to  bo  paid  into 2  144 

Payments  from 8  146 

Pensions  Issue,  when 3-4     141-145 

Pensions  to  families,  when  and  how 5  145 

Under  control  of  Fire  CornmissionerH 1  144 

FIRE  WARDENS,  wlio  eonstitiito 1  144 


222  Index 

Section  or 

Subdivision  Page 

FISCAL  YEAR,  budget  of  amounts  estimated 3  25 

Commences  and  ends,  when 16  200 

Revenues  and  expenses  for  each 2  25 

FOURTH  OF  JULY,  appropriation  for  celebration  of  18  10 

FRANCHISES,  existing,  when  declared  forfeited 26  201 

Forfeiture  of,  power  to  declare 6  15 

Forfeited,  how  revoked  or  annulled 3  40 

Lighting  purposes  or  electric  power 7  17 

No  exclusive,  to  be  granted 5  15 

Officers  prohibited  from  being  interested  in 6  198 

Ordinances  granting,  before  final  action 12  5 

Postponement  of  final  action  for  vote  of  people ...  3  40 

Steam  railroads,  power  to  grant 28  11 

Street  railroads,  term  of,  etc 6  15 

Time  required  before  renewed 12  5 

FOR  STREET  RAILROADS,  General  conditions  6  15 

Bids  may  be  rejected 6  15 

Extension  or  renewal  of 6  15 

Highest  bidder  to  receive 6  15 

Percentage  paid  to  the  City 6  15 

Roads  owned  by  City  at  expiration  of 6  15 

Additional  conditions  to  be  imposed 7a  32 

City  may  purchase  7a  32 

Wages  and  hours  of  employes 7b  33 

Penalty  for  failure  to  comply  with  conditions  7c  33 

FREEHOLDERS,  Board  of,  Certification  of  Charter.  208 

FUNDED  DEBT  OF  CITY,  liquidation  of 2  30 

FUNDS,  accounts  of  each,  kept  separate 2  43 

Balance  of  any  fund  ceasing  to  exist 38  207 

Balances   remaining   in   existing 37  206 

Contingent,  $3,600  annually  for  Mayor 35  12 

Deposit  of  moneys  in  banks 2  43-46 

Earnings  of  utilities  to  be  transferred  to  certain.  16  177 

Moneys  remaining  in  certain 5  31 

No  transfer  from  one  to  another 1  29 

Provision  for,  from  January  to  June  30,  1900 37  206 

Redeeming  bonds  for  construction  of  buildings.  29  202 

Special,  for  drainage  purposes 22  10 

Surplus  in  certain,  to  pay  outstanding  bonds 7  31 

Transfer  of  old  to  new 37  206 

When  cease  to  exist 38  207 

COMMON  SCHOOL  FUND, 

Amount  segregated  annually  for  salaries 9  117 

Consists  of  what 2  122 

Demands  against,  how  paid 10  118 

Demands,  approved  by  Board  of  Education. . .  13  37 

Emergency,   additional   funds 3  122 

Limit  of  tax  for 2  122 

Money  from  bequests  or  sales  of  property. ...  12  118 

Regulations  for  disbursement  of 9  117 

Repairs  of  schoolhouses  paid  out  of 2  123 

Residue  from,  not  to  go  to  Surplus 16  29 

Teachers'  salaries  to  be  paid  from 9  117 

GENERAL  FUND, 

Consists  of  what 2  30 

Money  received  from  franchises  to  go  into..  6  15 

Payments  out  of 37  206 

Street  improvement,  what  expenses  paid 8  76 

Tearing  up  streets,  expense  of  deposited  in. . .  9  64 

Transfer  of  what  previous  funds  to 37  206 


Index  223 

Section  or 

Subdivision        Page 
FUNDS    (Continued). 

LIBRARY  FUND, 

Consists  of  wtiat 2  30 

How  created  and  applied 2-3  124 

Payment  upon,  how  ordered 5  124 

Used  for  what  purposes 2  30 

PARK  FUND, 

Consists  of  what 2  30 

Used  for  what  purposes 2  30 

SINKING  FUNDS, 

Disposition  of  accumulated  moneys  in 7  31 

Existing,  to  continue  how  long 2  30 

Provision    for    7  31 

SPECIAL  DEPOSIT  FTJND, 

Used  for  what  purposes 4  31 

SURPLUS  FUND, 

Consists  of  what 3  30 

Used  for  what  purposes 1-2-3  30 

UNAPPORTIONED  FEE  FUND, 

Consists  of  what 4  34 


GARBAGE,  Board  of  Public  Works  to  dispose  of 7  64 

GAS,  light  and  power,  regulation  of 13  9 

Pipes,  power  to  regulate 13  9 

Quality  of,  power  to  regulate 13  9 

Rates,  Supervisors  to  fix  yearly 14  9 

Works,  estimate  of,  for  what  purpose  made 1  169 

Plans  and  estimate  of  cost  for  acquisition  of...  .  1  169 

Provision  for  acquisition   of 169-177 

GENERAL  FUND  (see  under  Funds). 

GENERAL  LAWS  OF  STATE. 

To  govern  all  municipal  elections 5  153 

GIFTS,  for  positions  debars  from  office 7  198 

To  public  officers  prohibited 8  198 

GOLDEN  GATE  PARK  (see  Park  Commissioners). 

GRADES,  change  of,  proceedings  relating  to 1-16     104-111 

GROUNDS,  public  (see  under  Park  Commissioners). 

H 

HARBORS  AND  WHARVES, 

Built  and  repaired  by  Board  of  Public  Works... 

May  be  leased,  but  not  sold 

Tolls  for  wharfage  and  dockage 

Under  control   of  Supervisors 

HEALTH  DEPARTMENT, 

General  powers  to  regulate 

Police  officers  are  also  health  officers ^ 

Under  management  of  Board  of  Health 

BOARD  OF  HEALTH, 

Appointments  of  physicians  for  City  Hospital 

Appointment  of,  all  under  Civil  Service 

Employes  of,  number,  liow  dc'tcMiiiined 

Seven  members  appointed  l)y  Mayor 

Internes  for  City  Hospital,  appointed  by 

Officers  and  employes.  a|)i>oint(ul  by 

Powers  and  duties  of 


1 

104 

2 

104 

2 

104 

1 

104 

1 

7 

3 

132 

1 

14:> 

C-7 

ir>o 

r. 

150 

11 

151 

1 

149 

u 

150 

f) 

150 

3-4 

149-150 

224 


Index 


HEALTH   DEPARTMENT    (Continued). 

Qualifications  of  members  of 

Registration  of  births,  deaths,  etc... 

Rules  and  regulations  adopted  by. . . . 

Salaries  of  officers  and  employes.... 

Serve  without  compensation 

Term  of  office  of,  seven  years 

Seven  members  to  constitute 

Ward  in  City  Hospital  for  inebriates. 
HOSPITALS,  regulation  and  maintenance  of 
CITY  AND  COUNTY, 

Internes  may  be  appointed  for 

Medical  students  given  facilities  in.. 

Resident  physician  for 

Under  charge  of  Board  of  Health.  . .  . 

Visiting  physicians  and  surgeons  for. 

Ward  in,  for  treatment  of  inebriates. . 
RECEIVING, 

In  charge  of  Board  of  Health 

HOURS  OF  LABOR,  power  to  regulate 


Section  or 

Subdivision 

Page 

1 

149 

4 

150 

1 

149 

10 

151 

1 

149 

2 

149 

1 

149 

8 

150 

11 

9 

9 

150 

7 

150 

6 

150 

3 

149 

7 

150 

8 

150 

3 

149 

24 

11 

I 

IMPROVEMENT,  definition  of  in  street  work 26  88 

IMPROVEMENTS,  how  provided,  when  exceed  rev- 
enue of  City   29  202 

INDEBTEDNESS  (see  under  Bonds). 

INDIGENT,  Exempt  Firemen,  relief  of 36  12 

INITIATIVE,  passage  of  ordinances  by 1-16     160-164 

INSANE,  temporary  detention  of 10  9 

INTERNES,  for  City  Hospital 9  150 

INTERPRETERS,  appointment  Superior  Court 1  51 

Coroner's   juries   examinations 1  51 

Salaries  limit  of 20  10 

Superior  and  Police  Courts 20  10 


JAILS,  power  to  provide  and  maintain 

JOINT   CUSTODY   SAFE 

JUDICIAL    OR    LEGAL    DEPARTMENT    (see    sep- 
arate offices). 
JUDGES  (see  Justices'  Court  and  Police  Court). 

Superior  Court,  Reporters  for 

Interpreters  for,  payment  of 

Interpreters  for,  when  may  be  appointed 

JUSTICES'  COURT,  chief  clerk,  salary 

Deputies,  their  salaries 

Election  of,  at  what  time 

JUSTICES  OF  THE  PEACE  (see  Justices'  Court). 


11 

9 

3 

46 

2 

51 

20 

10 

1 

51 

1 

55 

1 

55 

1 

153 

LABOR,  hours  and  wages,  public  laborers 

Application  for,  by  priority  of  registration 

Minimum  of  wages  in  execution  of  contracts.  . .  . 
Wages    of    laborers    under    street    railroad    fran- 
chises     


24 

11 

5 

179 

1 

21 

7b 


33 


Index 


225 


Section  or 
Subdivision 

LANDS,  City  and  County  may  be  leased 32 

Condemnations  of,  for  new  streets 1-19 

Condemnation  of,  lor  sewers 9 

Conveyance  of  certain,  of  the  City 29 

Park  Commissioners  control  what 1 

Purchase  of,  for  school  purposes 3 

Purchase  of  for  tunnels,  etc 2 

Sale  of,  proceedings  for 9 

LAW  LIBRARY,  act  of,  continued  in  force 1 

Provision  for  maintenance  of 1 

LAWS,  power  of  Supervisors  to  enact  local 1 

LEASE,  lands  for  school  purposes 6 

Power  to,  lands  of  City 32 

Public  parks,  part  of,  restrictions 6 

School  real  property  not  needed 11 

Upon  expiration  of  railroad  franchise 7 

Wharves,  provision  for 2 

LEGAL  ADVICE,  City  Attorney  to  all  departments.  2 

District  Attorney's  duty  to  give  certain  officers. .  2 

LEGAL  DEPARTMENT   (see  under  separate  head- 
ings). 

LEGISLATIVE  ACTS  OF  CITY,  by  ordinance 8 

LEGISLATIVE  DEPARTMENT  (see  Supervisors). 

LEVYING  OF  TAXES  (see  Taxes). 

LIABILITIES,  for  injuries  from  defective  streets...  5 

Not  to  exceed  monthly  proportion 9 

Not  to  exceed  revenue  for  year 6 

Not  to  be  paid  from  funds  of  another  year 13 

LIBRARY,  books  and  publications,  purchase 4 

Bequests,  etc.,  in  aid  of 3 

City  property  may  be  used  for,  when 7 

Fund  (see  under  Funds). 

Library  Fund,  payment  out  of 5 

Managed  by  twelve  trustees 1 

Meetings    and    proceedings B 

Powers  and  duties  of  assistants  prescribed 5 

President,  librarian  and  secretary 5 

Rules,  regulations  of  library  and  branches 1 

Salaries  of  assistants 6 

Tax  levy  for,  and  branches 2 

Trust  for,  administration 3 

Trustees  of,  continued  in  office 1 

Trustees  to  serve  without  salary 1 

Vacancy  in  Board  of  Trustees,  how  filled I 

LICENSES,  collection  of,  by  Tax  Collector 2 

Examination  of,  by  Tax  Colloctor 4 

Revocation  of,  by  Tax  Collector,  wlion 4 

Supervisors  to  provide  for  collection  of !& 

Tax  Collector  to  make  monthly  reports  on B 

What  may  be  licensed lf> 

LIGHTING,  appliances,  location  and  quality  of 1^5 

Charges  for,  regulation  of 7 

Companies,  books  experted  by  Supervisors 4 

Franchises  for  erecting  poles  or  wires 7 

Public  offices,  bills  for <• 

Rates  to  be  est'iblished  for 14 

Regulation   of '  "I 

Streets  and  public  buildings,  contracts  for <» 

Streets  under  contract  Hoard  of  Public  Works..  3 

Under  charge  Board  of  Public  Works ^ 


Page 

12 

92-101 

103 

11 

186 

123 

112 

18 

60 

60 

7 

116 

12 

187 

118 

17 

104 

51 

53 


2 

26 

26 

28 

124 

124 

125 

124 

123 

124 

124 

124 

123 

125 

124 

124 

123 

123 

123 

48 

49 

49 

9 

49 

9 

9 

17 
15 
17 
24 
9 
9 
24 
03 
63 


22G  Index 

Section  or 

Subdivision  Page 

LIMIT  OF  TAXATION,  City  and  County  purposes.  11  27 

LIMITS,  erection  wooden  buildings 5  8 

LIQUOR,  Police  Commisisoners  may  grant  permits.  3  127 
LOST  OR  STOLEN  PROPERTY  (see  Property). 

M 

MAYOR,  acquisition  public  utilities 3  169 

Acting  Mayor,  provision  for 6  40 

Additional  deputies,  etc.,  may  recommend,  when  35  205 

Appointment  of  deputies  and  their  salaries 1  39 

Appointment  officers  not  otherwise  specified....  4  40 

Appointment  under  new  Charter,  when 36  205 

Approve  or  veto  ordinances 16  5 

Audit  Auditor's  salary 13  37 

Board  of  Education,  appointment 1  115 

Board  of  Health,  appointment  of  seven  members  1  149 

Board  of  Public  Works,  appointment 1  61 

Chief  executive  officer  of  City 1  39 

Civil  Service  Commissioners,  appointment 1  178 

Contingent  fund  of  $3,600  annually 35  12 

Contracts  to  be  executed  by 5  24 

Contracts  to  be  supervised  by 3  40 

Defaulting  officers,  action  of 2  39 

Disability  of,  who  to  act  as  Mayor 6  40 

Duties  of  in  connection  with  deposit  of  public 

funds    2  43-46 

Election  Commissioners,  appointment  of 1  152 

Election,  qualifications,  term,  salary 1  39 

Election  of,  at  what  time 1  153 

Employes,  removal  of,  when 3  40 

Employes  to  notify  of  violation  of  contract;  pen- 
alty    3  40 

Ex-Mayors  entitled  to  seat  with  Supervisors 2  3 

Extra  sessions  of  Supervisors,  may  call 5  40 

Fire  Commissioners,  appointment  of 1  139 

Four-year  term  for 38a  207 

Franchises,  annulling  of,  action  of 3  40 

Franchises,  postponed  for  final  action 3  40 

General  duties  and  supervision  of  municipality..  2  39 

Military  aid,  may  call  for,  when 2  39 

Official  bonds  of  officers,  action  of 3  14 

Park  Commissioners,  appointment 3  186 

Parts  of  ordinances,  objection  to 14  5 

Play  Ground  Commissioners,  appointment  of..,.  2  192 

Police  Commissioners,  appointment 1  126 

President  of  the  Board  of  Supervisors 5  40 

Presiding  officer  Board  of  Supervisors 5  4 

Proclamation  for  municipal  elections 5  156 

Removal  or  suspension  of  public  officers,  when.  18-19  200 

Removal  of  appointed  officers 18-20  200 

Suspension  of  officers  in  certain  cases 2  39 

Suspension  of  officers,  when 3  14 

Tax  limit,  approved  suspension  of,  when 13  28 

Trustee  Free  Library  and  Reading  Rooms 1  123 

Vacancy  in  office  of,  how  filled 6  40 

Veto  annual  budget,  how  and  when 4  25 

MEMORIAL  DAY,  appropriation  for  celebration  of.  18  10 

MILITARY  AID,  may  be  summoned,  when 2  39 


Index 


227 


MISCELLANEOUS   PROVISIONS    OF   CHARTER.. 
MONEYS,  accounts,  investigation  of  by  Supervisors 

All  to  be  deposited  daily  in  treasury 

Auditor's  approval  for  payment  of 

Auditor's  warrant  necessary  to  draw 

Bail,  accounting  of 

Collections  of,  paid  into  treasury 

Gold  and  silver,  how  to  be  kept 

Outstandng  bonds,  for  liquidation  of 

Remaining  in  certain  funds,  disposition  of 

Street  railway  franchise,  disposition  of 

To  be  drawn  by  appropriations,  how 

MORGUE,  Coroner  to  control  and  manage 

Provision  for  by  Supervisors 

MUNICIPAL  ELECTIONS  (see  Elections). 
MUSEUM  AND  ART  GALLERY  IN  PARK 


Section  or 

Subdivisior 

1       Pape 

197-208 

3-4 

14 

17 

200 

3 

41 

6 

26 

5 

58 

1 

34 

3 

46 

7 

31 

5 

31 

6 

15 

6-7 

26 

1 

49 

9 

9 

11 


190 


N 


NEGLECT  OF  DUTY,  suspension  from  office  for.  .  . 
NEW  CITY  HALL  COMMISSIONERS  (see  Board  of 

Public  Works). 
NEWSPAPER,  all  publications  to  be  in  official 

Official  to  be  designated 

NOTICE, 

Application  for  street  railroad  franchise 

Appointment  of  arbitrators  by  Mayor 

Award  of  contract  by   Board   of  Public  Works, 
posted  and  published  five  days 

Appeal    from    street   assessment,    published    five 
days   

Assessment  on  opening,  etc.,  of  streets 

Assessment  for  repaving  on  change  of  grade. . . . 

Appointments  to  Civil  Service 

Board  of  Public  Works,  by  Secretary  to  post  and 
publish  all   notices 

Board  of  Public  Works  special  meetings 

By  appointing  officer  to  Civil  Service  Commission 

Change  of  grade,  to  be  posted 

Contract  for  public  work  to  be  posted  and   pub- 
lished five  days   

Closing  of  streets,  application  to  be  published... 

Census  Marshals,  appointment  of 

Completion  of  school  house 

Creation  or  abolition  of  position,  to  Civil  Service 
Commissioners    

Defective  street,  what  to  contain 

Examination  by  Civil  Service  Commission 

For  proposals  for  supplies,  to  contain  what 

Heads  of  Departments  to  Civil  Service  Commis- 
sion     

Hearing  on  sale  of  certain  lands 

Improvement    of    fltreets,    posted    along    streets, 
states  what 

Improvfmont   of   Htreets.    posted    five   days,    pub- 
lished ton  days 

In  writing,  served  by  whom 

Objections  to  change  of  grade,  by  mail 

Objertions  to  street  Iini)rf)vr'montB,  by  mail 


30 


25 

201 

2 

22 

6 

15 

7a 

32 

17 

67 

14 

82 

13 

97 

12 

109 

13 

184 

6 

62 

5 

62 

10 

181 

1 

101 

14 

66 

27 

89 

7 

117 

1 

122 

13 

184 

5 

2 

6 

180 

1 

21 

9 

181 

9 

18 

3 

71 

»> 

71 

22 

87 

8 

107 

5 

74 

228 


Index 


Section  or 

Subdivision  Page 

NOTICP]  (Continued). 

Opening,  etc.,  of  streets,  posting  of 3  93 

Objections  to  opening,  etc.,  of  streets,  mail  post- 
age prepaid   4  94 

Owners  may  do  work  within  ten  days  after  post- 
ing of    19  68 

Payment  of  damages,  change  of  grade 13  110 

Paving   between    railroad   tracks,    ten     days     in 

Nvriting 24  87 

Private  sale  of  certain  lands,  two  weeks 9  18 

Proposals  for  cleaning  and  sprinkling  streets,  ten 

days    29  90 

Proposals  for  public  work,  to  contain  what 15  66 

Proposals  for  subsistence  of  prisoners,  to  contain 

what 1  21 

Proposals  for  supplies,  quantity  and  manner  of 

delivery    3  23 

Protestants    to    improvement    of    streets,    to    be 

mailed   4  73 

Public  sale  of  certain  city  lands,  three  weeks. ...  9  18 

Published  in  Official  Newspaper 26  88 

Removal  of  appointed  officer 20  200 

Repair  of  school  house 2  123 

Repairs  to  streets,  written  to  owner,  for  five  days  16  84 
Repairs   to   streets,    contents   for,    to    be    posted 

three  days,  to  specify  what 16  84 

Repaving,  to  be  posted,  on  change  of  grade 9  107 

Repaving,  awards  of  contract,  on  change  of  grade  9  108 

Report  on  change  of  grade 7  107 

Report  on  opening,  etc.,  of  streets 10  96 

Sale  of  unclaimed  property 3  133 

Suspension  of  elected  officer 19  200 

To  be  personally  posted  or  served,  how 26  88 

To  owner,  to  whom  damages  awarded 15  100 

Trial  of  police  officer 3  132 

To  Citv  Attorney  by  Auditor,  as  to  money  due 

City   14  37 

To  pay  money  due  City  within  twenty  days 14  37 

To  Mayor  of  violation  of  contract,  with  city. ...  3  40 
Treasurer  to  send  bank  before  sale  of  bonds  held 

as  security  2  45 

When  bids  rejected ; .  5  24 

NUISANCES,  abatement  and  removal  of 6  8 

Abatement  of,  by  Board  of  Health 4  150 


OATHS,  clerk  of  Supervisors  to  administer 7  4 

All  officers  may  administer 24  201 

OFFICE  HOURS,  of  public  officers    14  199 

OFFICERS  (see  under  appropriate  titles). 

Absence  from  State,  limitation  on 3  197 

Accounts  of,  investigated  by  whom 3  14 

Additional  deputies,  provisions  for 35  205 

Annual  reports  to  the  Mayor 9  199 

Apointments  of,  to  be  in  duplicate 22  201 

Appointed,  when  and  how  removed 18-20  200 

Books,  etc.,  to  be  delivered  to  successors 12  199 

Books  of,  open  to  inspection 13  199 


Index  229 

Section  or 
Subdivision        Page 

OFFICERS  (Continued). 

Bonds  of,  to  be  given i  i»^ 

Classification  of,  filing  of  records ^^  '^"i 

Compensation  limited  to  salaries  only 2  ^4 

Compensation  for  position,  etc.,  not  allowed 7  198 

Copies  of  records,  etc.,  price  for  certified 13  199 

Defalcations  or  misdemeanors,  proceedings 4  15 

Default  of,  actions  regarding 14  37 

Employes  of,  number,  how  limited 5  i  r ->  j «« 

Election  and  Nomination  of 1-12  l^-*'!^" 

Election  of,  when  take  office 2  154 

Eligibility  for  public 1^  ^»» 

Experts,  when ^  ^; ' 

Fees,  etc.,  to  be  paid  into  treasury ^  ^* 

Gratuities  penalty  for  accepting »  1^° 

Liability  of,  for  illegal  payments 11  i»» 

Mileage  fees,  etc.,  report  of 11  ^^ 

Monthly  reports  of  all  official  receipts 9  ^o 

Moneys  collected  by,  to  be  paid  into  treasury 1  34 

Not  to  hold  other  salaried  offices 4  197 

Oaths,  power  to  administer 24  ^01 


Office  hours 


14  199 


Official  seals  for,  to  be  provided 23  10 

Penalty  against,  for  false  certifying 4  ^4 

Penalty  for  favoring  bidders 4  ^4 

Penalty  for  interest  in  contracts,  etc fi  198 

Penalty  for  not  depositing  funds  collected 17  ^00 

Penalty  for  holding  two  salaried  offices 4  197 

Recall  of  elected  1-1 J     ^      iq? 

Residing  outside  City,  when ^  :^ » ' 

Residence  for  one  year  required ^  19/ 

Removal  of  deputies  of,  when  and  how 21  ^uu 

Salary  withheld  from,  for  not  making  returns. . .  6  42 

Supervision  of  official  conduct  of.  by  Mayor -  3 J 

Supplies  for,  how  limited •  •  •  •'  1  J° 

Stationery  for,  not  to  contain  printed  names  of . .  3  ^6 

Suspension  of  ^  _q 

Suspension  of,  by  Mayor,  when ^  J^ 

Suspension  and  removal  of l«-i»  ^"" 

Terms  of,  after  Charter  takes  effect 36  ^05 

Vacancies  in  office  of 1"  ^^ 

Violation  of  duty,  report  to  Mayor 3  -Ju 

OFFICIAL  NEWSPAPER  (see  Newspaper). 

OFFICIAL  RECEIPTS,  consist  of  what 6-7  vi-> 

Action   upon,  etc 8-l«  35-36 

Auditor    to    furnish »  '^^ 

Official  reports,  annual  of  each  department J^  'l*^ 

ONE-TWELFTH    ACT,   reference   to 9  ^^ 

OPENING  OF  STREETS  (see  Public  Works). 

ORDINANCES,  acquisition  of  municipal  buildings..  29  202 

Amendment  and  re-enactment  of lO  4 

Approval  of  Mayor,  how  valid  without '«  J" 

Board  of  Public  Works,  have  control  under 9  b.< 

By  petition  of  electors  (Initiative) MJ  IJO-JJl 

By  petition,  how  repealed   f Rr-frrondum) i--»  ^^^'^^'^ 

Citation  of,  in   presenting  domands i3  Al 

Closing   of    Streets ^7  »^ 

Condemnation  of  private  property -^  '"-^ 

Construction  of  sewers |l  '  "•: 

Deposited  with  Clerk  of  Supervisors " '  " 


230  Index 


ORDINANCES   (Continued). 

Enacting  clause  of 

Existing  in  force  under  new  Charter 

Pinal  passage  of 

Final  vote  of  ayes  and  noes 

Franchises,  granting  before  final  action 

Franchises  for  street  railways 

Government  of  parks,  squares  and  grounds.. 

Health,  enforced  by  Board  of  Health 

Improvement  of  streets 

Lease  of  City  lands 

Lease  of  railroad   franchises 

Legislative  acts  of  the  city 

Majority  of  Supervisors  necessary  to  adopt. . 

Mayor  to  enforce 

Mayor  may  object  to  a  part  of 

Must  be  presented  to  Mayor  for  approval. . . 

Park  Commissioners  may  pass  certain 

Publication  of  all 

Publication  of  certain 

Repeal  of 

Repeal  of,  for  street  improvements 

Revival  of  claims 

Special  elections  for  issue  of  bonds 

Supervisors'  power  to  pass 

Suspension  tax  limit,  approval  Supervisors. 

Title  of  to  embrace  entire  subject 

Violation  of,  jurisdiction  Police  Court 

Violation  of,  penalties  for 

When  to  take  effect 

OUTSIDE  LANDS,  what  constitute 


PANAMA-PACIFIC  EXPOSITION,  bonds  in  aid  of 
may   be   issued 

Bonds  in  aid  of  not  within  debt  limit 

Control  within  site  of  exposition 

May  close  certain  streets  for 

May  use  portion  of  Golden  Gate  Park 

May  use  certain  school  lots 

Supervisors  to  pass  ordinances  for 

Use  of  Lobos  Square  temporarily 

PARK  COMMISSIONERS,  appointed  by  Mayor.... 

Academy  of  Sciences  may  erect  museum  in  Park 

Appointment  of  superintendents,  surveyors,  en- 
gineers, etc 

Appropriations  for  parks,  etc.,  to  be  expended  by 

Bequests  and  donations  for  parks 

Classification  of  

Contracts,  provisions  to   govern 

Exclusive  control  of  parks,  squares 

Fair  or  exposition,  when  may  be  permitted 

Lands  under  control  of 

Lands  may  be  set  apart  for  playgrounds 

Lease  of  plot  for  State  of  California 

Lease  of  any  part  of  parks,  restriction  upon 

Museum  and  Art  Gallery,  under  control  of 

Number  of  members  of 

Ordinances  for  park  government,  adopted  by. . . . 


Section  or 

Subdivision 

Page 

8 

4 

28 

202 

12 

5 

9 

4 

12 

5 

6 

15 

5 

187 

4 

150 

27 

89 

32 

12 

7 

17 

8 

4 

9 

4 

2 

39 

14 

5 

16 

5 

5 

187 

2 

22 

13 

5 

18 

6 

27 

202 

1 

38 

7-8  17 

2-173 

1 

7 

13 

28 

11 

4 

2 

56 

16 

10 

15 

5 

1 

186 

29a 

203 

9 

173 

37 

12 

20 

102 

1 

186 

6 

116 

37 

12 

13 

191 

3 

186 

12 

190 

6 

187 

6 

187 

8 

189 

3 

186 

4 

187 

6 

187 

6 

187 

1 

186 

9 

194 

9 

189 

6 

187 

6 

187 

3 

186 

5 

187 

Index 


231 


Section  or 
Subdivision        Page 

PARK  COMMISSIONERS  (Continued). 

Panama-Pacific  Exposition  may  use  part  of 1 

Park  F\ind,  consists   of  what 2 

Park  Fund,  used  for  what  purposes 2 

Park  Police 7 

Park  funds,  disbursements  of 6 

Place  of  detention  for  persons  arrested 7 

Present  Commissioners  succeeded  by 2 

President  and  Secretary  of 4 

Salaries  of  employes,  to  be  fixed  by 6 

Street  sweepings  for  benefit  of  parks 4 

Tax  for  support  of  public  parks 11 

Term  of  office  of,  four  years 3 

To  receive  no  compensation 3 

Works  of  art,  acceptance  and  location  of 10 

PAVEMENT,   patent,    prohibited 26 

PAYMENT  OF  CLAIMS 1 

PENSIONS  (see  Firemen's  Relief  Fund). 
(See  Police  Relief  and  Pension  Fund). 

PERCENTAGE,  electric  power  or  lighting  returns..  7 

Receipts  from  franchises  granted  upon  condition  6-7 

PERMITS,  Pawnbrokers,  peddlers,  etc 7 

Sale  of  liquors  less  than  quart 3 

PETITIONS,  by  electors(  Initiative) 1-16 

Lease  of  railroad  franchises,  submission  to  vote.  7 

PIPES,  laying  in  streets.  Board  of  Public  Works 1 

PLANNING  COMMISSION,   Supervisors  to   provide 

for  and  prescribe  duties 42 

PLAYGROUNDS,  management  of MO 

PLAYGROUND  COMMISSIONERS. 

Appointment  of  by  Mayor 2 

Donations,   may   receive G 

Organization  of 3 

Police  detail  for 7 

Powers  of 5 

Rules  of 4 

Secretary  of,  duties  of 10 

Terms  and   fiualifications   of '2 

POLES  AND  WIRES,  light  or  power  transmission.  .  7 

PHYSICIANS  AND  SURGEONS,  City  Hospital 0-7 

POLICE  COMMISSIONERS  (see  under  Police  Dept). 

POLICE  COURT. 

Attorneys  practicing  in,  must  be  qualified 16 

liondsmen  In  actions  in 7 

(Calendar  of  arrests  for 13 

(Mfirks,  appointment,  salaries 2 

Clerks,  duties   10 

Concurrent  jurisdiction  with   Superior  Court.  ...  2 

Contempt  of  Court,  in 3 

County  Clerk,  to  act  as  clerk  of 1 

Creation  of 1 

Demurrers  to  complaint 4 

Dismissal  of  cases  restricted 1 

District  Attorney  to  prosecute  all  actions  in....  2 

District  Attorney  to  conduct  caseH  in 4 

Divided  into  departments 1 

Election,  qnalifications,  terms,  salaries 1 

Exclusive  jurisdiction  of  what. 2 

Four  judges  to  constitute 1 

Judges,  election  of,  at  what  time 1 


186 

30 

30 

189 

187 

189 

186 

187 

187 

8 

190 

186 

186 

189 

88 

38 


17 

in-18 

130 

127 

160-164 

17 

63 

14 

192-194 

192 
193 
192 
193 
193 
192 
194 
192 
17 
150 


60 
57 
59 
54 
59 
56 
57 
54 
56 
57 
57 
63 
58 
56 
56 
56 
56 
153 


232  Index 

Section  or 
Subdivision        Page 

POUCE  COURT  (Continued). 

Judges,  powers  equal  to  Justices  of  Peace 2  56 

Judges,  term  of  those  elected  in  1898 17  60 

Jurisdiction  of 2  56 

Justices  of  Peace  may  preside  in,  when 12  59 

Papers  on  appeal,  how  served 9  57 

Police  officers  to  attend  as  bailiffs 14  60 

Presiding  judge  of 1  56 

Prosecuting  attorneys   for 4  58 

Regulations  by  judges 15  60 

Right  of  appeal,  when  lost  to  defendant 2  57 

Rules  to  govern  proceedings 3  57 

Seal  of 23  10 

Statement  on  appeal,  Judge  to  settle 2  57 

Stenographers,  appointment,  compensation,  etc. . .  11  69 

Trial  of  cases,  in  what  order 5  57 

Trial  of  cases,  prompt  and  speedy 6  57 

WARRANT  AND  BOND  CLERK. 

Appointment  of  and  duties 5  58 

Authority  to  issue  bail  bond 5  58 

Deputies  and  salaries 5  58 

Penalty  for  not  keeping  office  open 7  59 

Penalty  for  receiving  bail  money  by  others..  8  59 

Office  of,  to  be  kept  open  continuously 5  58 

Release  of  prisoners,  contempt 6  58 

Release  of  prisoners,  power 5  58 

Subject  to  order  of  Police  Judges,  when 6  58 

POLICE  DEPARTMENT. 

Appointments  regardless  of  politics  or  religion. .  3  126 

Civil  service  to  govern  new  appointees  only 1  134 

Consists  of  what 1  126 

Dismissals,   trial   how    conducted 3  132 

Fines,  limit  to  amount 2  132 

Matrons,  appointment  of 6  128 

Members  of,  qualifications,  age,  character 3  126 

Officer  detailed  for  City  Attorney's  office 5  52 

Officers  and  employes  to  abstain  from  politics...  32  204 

Organization    of 1-2-3  126 

Penalty  for  political  interference 32  204 

Power  to  investigate  matters  in  department 8  128 

Property  as  evidence 4  134 

Present  members   continued 1  134 

Promotions,  how  made 1  132 

Rewards  for  heroic  conduct 8  136 

Shall  search  and  keep  property  of  prisoners 2  132 

Tenure  of  office  during  good  behavior 2  126 

SUBORDINATE    OFFICERS    OF 1-6  131 

Captains,  number,  duties 2  131 

Corporals,  number,  duties 5  131 

Detective  sergeants,  number,  salaries,  duties  6  131 

Lieutenants,  number,  duties 3  131 

Sergeants,  number,  duties 4  131 

POLICE  COMMISSIONERS, 

Appointment,  dismissal  of  members  of  Dept.  1  126 

Appointment  of  Chief  of  Police 1  126 

Appointment  of  surgeon,  salary 7  128 

Appointed  by  Mayor 1  126 

Classification  of  2  126 

Pour  Commisioners  to  constitute  Board 1  126 

General  powers  of 1-7    127-129 


Index  233 

Section  or 

Subdivision        Page 
POLICE  DEPARTMENT  (Continued). 

Ineligible  to  any  elective  office,  when 31  204 

Management   of   department 1  126 

Must  abstain  from  party  politics 32  204 

Permit  for  certain  sales  of  liquor 3  127 

Political  interference,  cause  of  removal 32  204 

Present  Commissioners,  succeeded  by 3  127 

President,   Secretarj^   duties,   proceedings...  4  127 

Qualifications,  term,  salary 1-2  126 

Restriction  as  to  political  party 2  126 

Rules  and  regulations  for  government 2  127 

Special  officers,  appointment  of,  when 4  128 

Unclaimed  property,  care  and  sale  of 5  128 

CHIEF  OF  POLICE, 

Appointment,  term,  salary 1  129 

Calendar  of  arrests 13  59 

Control,  manage  and  direct  police  force 1  129 

Detectives,  detail,  number,  salary,  etc 6  131 

Execution  of  laws  and  process 3  130 

Fund  for  contingent  expenses 6  130 

Office  books  and  regulations 4  130 

Parks,  squares  and  grounds,  detail 7  189 

Pawnbrokers,  peddlers,  etc.,  supervision  over  7  130 

Playgrounds,  detail  for 7  193 

Police  Court,  detail  to  attend n  130 

Powers  and  general  duties  of 1-7     129-130 

Powers  of  Sheriff,  when 2  129 

Subpoenas,  detail  to  serve 24  201 

Suspension  temporarily  of  policemen 1  129 

POLICE  FORCE, 

Appointment,  present  and  future 1  132 

Command  of,  by  Mayor  in  certain  cases 2  39 

Health  officers  by  virtue  of  office 3  132 

Parks  and  public  grounds 7  189 

Places  of  amusement,  etc 12  137 

Proportion    to   inhabitants 1  132 

POLICE  RELIEF  AND  PENSION  FUND, 

Aged  and  infirm,  retirement 2  134 

Annual  report  of,  by  Auditor 13  138 

Commissioners  of    9-10     136-137 

Condition  of,  reported  quarterly 9  136 

Death  of  member,  return  of  certain  amount.  6  136 

Deficiency,  how  provided   for 13  138 

Disabled  members,  when  may  he  pensioned.  .  2-3     134-13.') 

Estimate  of  amount  annually  required 7  136 

Moneys  to  be  paid  into 11  137 

Payments  from  9  136 

Pensions  issued,  when 2-3     1 34-13r) 

Pensions  to  families,  when  and  how 4-F)     135-136 

Proceeds  from  sale  of  certain  property 3  137 

Surplus  of,  how  ai)i»lind  annually 13  138 

Treasurer  retain  %2  monthly  for 0  137 

Trustees  of,  to  be  Police  Commissioners....  1  134 
POLICE  .7UDCES  (see  Police  Court). 

POLICE  LAWS,  power  to  make  and  enforro 1  7 

POLICEMEN    rsee  undfr   Pnlicp   Df-partmrnt ). 
POLICE  OFFICERS  fsee  under  Police  Department). 
POLICE  RELIEF  AND  PENSION  FUND  (see  under 

Police   Department). 

POUND,  public,  regulation  of 8  9 


234  Index 

Section  or 
Subdivision        Page 

POWERS   OF  OFFICERS    (see   under  separate   of- 
ficers). 

PRECINCT   REGISTRATION    5  153 

PRINTING,  contracts  for 3  23 

Delinquent  Tax  List 2  22 

PROCLAMATIONS,  municipal  elections 5  156 

PROGRESSIVE  PAYMENTS  may  be  made  on  con- 
tracts      21  69 

PROMOTIONS,  based  upon  merit,  service,  etc 8  181 

PROPERTY,  levied  upon  may  be  purchased,  when. .  34  12 

Personal  of  city,  may  be  sold 33  12 

Power  to  condemn 12  9 

Valuable,  taken,  to  be  deposited  with  Treasurer.  5  134 

Vested  in  City  and  County 3-4  2 

UNCLAIMED  OR  STOLEN, 

May  be  returned  to  accused,  when 2  133 

May  be  sold,  when 3  133 

Property  clerk  have  custody  of 1  133 

PROPERTY  CLERK,  appointment  of,  and  salary..  5  130 

Custody  of  certain  property 1  133 

Money  to  be  returned  to  accused,  when 2  133 

Valuable  property  to  be  deposited 5  134 

PROPOSALS  (see  also  Contracts). 

F^re  Department,   provisions  governing 4  141 

Penalty  for  collusion 18  68 

Public    work 15-17  66-67 

Supplies,  stationery,  drugs,  etc 1  21 

PUBLIC  ADMINISTRATOR, 

Moneys  of,  for  Special  Deposit  Fund 4  31 

Election  of,  at  what  time 1  153 

Election,  term,  compensation,  powers,  etc 1  54 

Four-year  term  for 38a  207 

PUBLIC  LANDS  (see  under  Lands). 

PUBLIC  MONEYS  (see  under  Moneys). 

PUBLIC  PROPERTY  (see  under  Property). 

PUBLIC  BUILDINGS, 

Cleaning  of,  by  Board  of  Public  Works 4  64 

Construction  of,  when  exceeds  revenue  of  City..  29  202 

Lighting  of 6  24 

PUBLIC    INSTITUTIONS    (see    under    appropriate 
titles). 

Supplies,  drugs,  subsistence,  etc 1  21 

PUBLIC    LIBRARY   AND   READING   ROOMS    (see 
under  Library). 

PUBLIC  SCHOOLS  (see  Schools). 

PUBLIC  UTILITIES, 

Accounts  of,  books  to  be  kept 3  177 

Acquisition  of  lands  for  water  works 15  176 

Acquisition  of,  submission  by  Mayor  to  people...  4  170 

Acquisition  of,  submission  to  vote  of  people 3  169 

Acquisition  of,  utilities  contemplated 1  169 

Board  of  Public  Works  control  and  superintend. .  8  64 

Bonds,  issue  of,  proceedings 5-15     171-176 

Earnings  of,   disposition  of 12  27 

Estimates  for,  procured  through  City  Engineer. .  1  169 

Lease  or  sale  of,  submission  to  people 1  164 

Neglect  of  Supervisors  to  carry  out  provisions. . .  13  176 

Petition  for  acquisition  of 3  169 

Power  to  acquire 14  176 

Receipts  from,  accounting  of,  used  how 16  177 


Index  235 

Section  or 

Subdivision  Page 
PUBLIC   UTILITIES    (Continued). 

Sale  of  existing,  to  be  considered 2  169 

Tax  levy  to  meet  interest  and  principal 12  176 

When  cost  can  be  paid  out  of  annual  revenue. . .  4  170 

When  cost  exceeds  annual  revenue 4  170 

PUBLIC  WORKS, 

Penalty  for  collusion  in  bids  for  work 18  68 

Opening  and  awarding  bids  for  work 17  67 

Regulations,  of  proposals  for  work 16  66 

Under  charge  of  three  Commissioners 1  61 

Work  to  be  let,  how 14  66 

BOARD  OF  PUBLIC  WORKS, 

Acceptance  of  work  by 22  70 

Appointment   of   City   Engineer 11  65 

Appointment  of  head  for  each  department.  . .  13  66 

Advertisement  for  proposals  for  public  work.  15  66 

Appointments  of.  Secretary,  etc 3  61 

Appointed  by  Mayor 1  61 

Bids  for  public  work,  receipt  and  award  of . .  17  67 

Collection  of  expenses  of  street  repair 9  64 

Commissioners,  restriction  upon  occupation. .  1  61 

Contracts  for  unfinished  work,  reletting  of .  . .  20  68 

Contract  must  exempt  City  of  liability 22  70 

Custody,  of  maps,  surveys,  contracts,  etc 8  62 

Data,  plans,  estimates  to  be  furnished  by.  ...  10  65 

Employes,  compensation,  duties,  bonds 3-4  61 

Excavating  streets,  permits  for 9  64 

Expenses  of,  year  ending  June  30,  1900 37  206 

Garbage,  disposal  of 7  64 

General  superintendence  of  what 9  63-64 

Issue  certificate  to  contractor 22  70 

Meetings  of,  etc.,  to  be  public 5  62 

Penalty  for  collusion  of  bidders 18  68 

Powers  to  regulate,  what 9  63 

President  of  Board 2  61 

Proposals  for  public  work,  details  of 16  66 

Public  buildings,  cleaning  of 4  64 

Public  utilities,  present  and  future 8  64 

Qualifications,  salary,  terms 1  61 

Record  of  contracts  and  proceedings 6  62 

Records  same  validity  as  other  records 21  87 

Secretary  of,  duties 6  62 

Succeed  certain  officers 7  62 

Superintendents,    engineers,    employes 3  61 

Wires,  pipes,  conduits 7  64 

CITY  ENGINEER, 

Appointed  by  Board  of  Public  Works 11  65 

Fees  of,  to  be  paid  into  treasury 12  65 

Powers  and  duties 11-12  65 

STREETS, 

Acceptance  of,  when  pavnd  and  Improved...  23  87 

Appeal  from  assf'ssmcmt  for  imi)rovoiiH'iits.  .  14  82 

Applications  for  improvciufuls,  action  upon.  2  70 

Assessments,  appeal  to  Supervisorfl 11  82 

Assessments  for  work,  collcclion  of 1'!  81 

Assessments  for  improvement  restricted....  S  76 

Assessments,  how  made  in  special  cases.  ...  10  80 

Assessments  not  to  exceed  certain  amount..  8  76 

Assessments,  returns  upon  warrants 13  81 

Assessments  to  be  authenticated 11  80 


236  Index 

Section  or 

Subdivision  Page 
STREETS  (Continued). 

Assessments,  warrants  for 12  80-81 

Assessments,  when  contractor  may  sue  for. .  15  83 
Certificate  of  sales  of  delinquent  property  on 

assessments   14  97 

Closing  of,  action  necessary 27  89 

Closing   of,    proceedings    for 1-19  92-101 

Closing  of,  for  Panama-Pacific  Exposition.  ..  .  20  102 

Completion  of  work,  action  thereon 6-7  75 

Completion  of  work,  affidavit  of  contractor.  .  6  75 

Completion  of  work,  assessments  upon 7  75 

Cost  of  improvements  payable  in  ten  annual 

installments  33  91 

Crossings,  etc.,  work,   how   assessed 2  70 

Deed  for  delinquent  property  on  assessment.  14  97 

Definitions:   expense,  paved,  etc 26  88-89 

Definitions:  street,  block,  improvement 26  88-89 

Delinquent  property  on  assessment 14  97 

Excavation  of,  permits  for 9  64 

Expense  of  improvements  of,  how  borne....  8  76 

Extending  of,  proceedings  for 1-19  92-101 

General  superintendence  of 9  63 

Grade  of,  changing,  proceedings  for 1-16     104-111 

Improvements  chargeable  upon  districts 5  74 

Improvements  paid  for  by  the  City 2  70 

Improvements  of,  having  railroad  tracks  on.  .  7  75 

Materials  for,  Corporation  Store  Yard 32  91 

Materials  for,  proposals 31  91 

Money  from  sale  of  delinquent  property  paid 

to  Treasurer   14  97 

Objections  of  property  owners  to  work  on..  4  72-74 
Opening,  etc.,  power  of  Supervisors,  concern- 
ing      1  92 

Opening,  etc.,  assessments,  district   7  95 

Opening,  etc.,  payment  of  damages 15  100 

Opening,  etc.,  plat  of  district 7  95 

Opening,  etc.,  objections  of  property  owners  5  94 

Opening,  etc.,  objections,  appeal,  etc 5  94 

Opening,  etc.,  publication  of  notice  of  assess- 
ment    13  97 

Opening,  etc.,  proceedings  for  condemnation  16  100 

Opening,  etc.,  proceedings  1-19  92-101 

Opening,  etc.,  duties     of     Board     of     Public 

Works    6  94 

Opening,  etc.,  resolution    of   intention.......  2-3  93 

Opening  new,  regulations  governing 1-19  92-101 

Opening,  etc.,  of,  costs  may  be  paid  in  ten 

yearly  installments   1  93 

Opening,  etc.,  of,  one  or  more  under  one  pro- 
ceeding      1  92 

Opening,    closing,    excavating,    grading,    etc. 

(see  under  Public  Works). 

Ordinances   for  improving,   when   repealed..  27  202 

Patented  pavement,  not  to  be  used,  when ....  26  88 

Preference   to   hand    sweeping 29  90 

Proceedings  in  improvements  of 3  71 

Proceedings  for  sale  of  delinquent  property 

on  assessment 14  97 

Property  owners  may  improve,  when 4  72 

Property  owners  may  improve,  when 19  68 


hidex  237 

Section  or 

Subdivision  Page 
STREETS  (Continued). 

Publication  of  list  of  delinquent  property  on 

assessment  14  97 

Publication  of  notices  for  improvement  of .  . .  3  71 

Railroad  spur  tracks  upon 3  8 

Redemption  of  delinquent  property  on  assess- 
ment      14  97 

Regulation  of  poles,  tracks,  wires,  etc 1  63 

Repair  of,  collection  of  expense 9  64 

Repairs  on  streets  not  accepted 16-17  84-86 

Resolution  of  intention,  action  upon 27  89 

Sewers  and  drains,  permits  for  connections. .  4  102 

Sewers  and  drains,  public  and  private 3-6     102-103 

Sewers,  drains,  etc.,  construction,  etc 2  102 

Straightening   of,    proceedings    for 1-19  92-101 

Sweeping  and  sprinkling  of 29  90 

Urgent  repairs   upon 30  90 

Validity  of  records 21  87 

What  are  public 1  70 

When  City  is  liable  for  injury  on 5  2 

Widening  of,  proceedings  for 1-19  92-101 

Width  of,  at  least  40  feet 28  89 

PUBLICATION,   advertisements   for  bids   for  paper 

and   printing,   state   what 3  23 

Advertisement  for  public  work  to  contain,  what.  .  15  66 

Affidavit  of  publisher  of  official  newspaper 26  88 

Amended  bill  or  resolution,  five  days 13  5 

Application  for  street  railroad  franchise,  ten  days  6  15 

Appeal  from  street  assessment,  five  days 14  82 

Award  of  contract,  five  days 17  67 

Bills  and  resolutions,  five  days 13  5 

Bonded  indebtedness,  ordinance  for,  ten  days...  8  173 

Bond  election,  fourteen  days 8  173 

Bonds,  redemption  of  outstanding,  thirty  days...  7  31 

Bonds,   sale   of 10  173 

By  Treasurer,  ten  days  before  sale  of  bonds  held 

as  security  2  43 

Charter  in  two  daily  newspapers 208 

Closing  of  streets,  notice  to  be  published 27  89 

Contracts  for  public  work,  five  days 14  66 

Delinquent  assessment  on  change  of  grade 12  109 

For  new  contracts  in  case  of  collusion 18  68 

Grades,  change  of,  ten  days 1  104 

Leasing  of  school  property,  notice  of,  sixty  days. .  11  118 

Lease  of  City  lands,  three  weeks 32  12 

Notice  of  hearing  on  sale  of  certain  lands 9  18 

Notices  and  resolutions,  street  work 26  88 

Notice  of  assessment,  change  of  grade 12  109 

Notices  of  completion  of  assessment 13  97 

Notices  to  show  cause,  street  opening 10  96 

Notices  of  resolution  for  opening  streets,  etc....  3  93 

Notice  of  change  of  grade 7  107 

Official,  in  official  newspaper 25  201 

Ordinances  for  control  of  parks 5  187 

Ordinances  of  Supervisors 13  5 

Objections  to  change  of  grade,  five  days 8  107 

Opening,  etc.,  of  streets,  sale  of  delinquent  itrop- 

erty,   five   days 14  97 

Opening  of  streets,  etc.,  ten  days 3  93 

Opening  of  streets,  assessment  on,  ten  days 13  97 


2.Sa  Index 

Section  or 

Subdivision  Page 

PUBLICATION  (Continued). 

Payment  of  money  exceeding  $500,  five  days 19  6 

Personal  property  sale  of,  five  days 3S  12 

Private  sale  of  certain  lands,  two  weeks 9  18 

Proclamation  for  election Ti  1 .56 

Prohibited,  unless  authorized 2  22 

Proposals  for  supplies,  ten  days 1  21 

Proposals  for  supplies.  Fire  Department 4  141 

Public  sale  of  certain  City  lands,  three  weeks.  ..  9  18 

Proposals  for  cleaning  streets 29  90 

Resolutions  for  street  improvements 3  71 

Restrictions  to,  etc 2  22 

Repaving,  on  change  of  grade,  awards  of  contract  9  107 

Report  on  change  of  grade,  ten  days 7  107 

Sale  of  unclaimed  property,  five  times 3  133 

School  Department  supplies,  ten  days 2  119 

Treasurer  to  make  quarterly  report 2  43 

When  bids  rejected f)  24 

Q 

QUALIFICATION  FOR  OFFICE 1 V2  197 

R 
RAILROADS, 

Acquisition  of,  by  City   (see  under  Public  Utili- 
ties). 

Construction  of,  under  Board  of  Public  Works .  .  1  63 

Franchises  for,  term  of  years 6  15 

Franchises,  lease  of,  submission  to  people 7  17 

Franchises,  lease  upon  expiration 7  17 

Franchises,  let  to  highest  bidder 6  15 

Franchises,  no  exclusive   granted 28  11 

Franchises,  restriction  upon    6  15 

Franchises,  additional  conditions  in 7a  32 

Franchises,  wages  of  employes,  provision  for. ...  7b  33 
Franchises,  failure    to    comply    with    conditions, 

penalty    7c  33 

Paved  streets,  power  to  compel 28  11 

Permits  for  laying  spur  tracks 3  8 

Power  to  regulate 27  11 

Purchase  of,  by  City 2  169 

Rates  of  fare,  regulation  of 27  11 

To  pay  for  street  improvements,  when 7  75 

Tracks  of,  may  be  used  in  common 27-28  11 

Transcontinental,  when  may  enter  City 28  11 

Tunnels  for,  may  be  granted 26  11 

Tunnels,  several  companies  may  use 5  113 

READING  ROOM  (see  Library). 

RECALL,  of  elected  officials 1-13     165-168 

RECEIPTS  (see  Official  Receipts). 

RECEmNG  HOSPITAL  (see  Hospitals). 

RECORDS,  Supervisors  to  provide  method  and  facili- 
ties     41  13 

RECORDER,  assistants,  deputies,  salaries 1  50 

Custody  of  records,  etc 2  50 

Election  of,  at  what  time 1  153 

Four-year   term    for 38a  207 

General   duties  of 2  50 

Qualifications,  election,  term,  salary 1  50 


Inihx  239 

Section  or 

Subdivision  Page 

REFERENDUM,  by  Mayor  at  next  general  election.  2  164 

By  six  Supervisors  at  next  general  election 2  164 

By  Supervisors  at  general  or  special  election...  2  164 

Matters  submitted  to  people 1  164 

Proceedings  under 1-9     164-165 

REGISTRAR  OF  VOTERS  (see  under  Elections). 

RELIEF  HOME  TRACT,  Supervisors  may  sell  part 

and  purchase  other  land 10  21 

REMOVAL,  appointed  officers,  vi^hen  and  how 18-20  200 

Civil  Service  restrictions 12  183 

Deputies,  clerks,  employes,  etc 21  200 

Elected  offcers,  when  and  how 18-19  200 

REPORTS,  all  officers  must  render  annual 9  199 

RESOLUTIONS  (see  Ordinances). 

RIOTS,  suppression  of  by  Mayor 2  39 

REVENUE  (see  also  under  Finance  and  Taxation). 

Amount   and   collection   of 14  29 

Auditor's  yearly  estimate  of 2  25 

Expenses  not  to  exceed  yearly 13  28 

Limit  of,  as  to  tax  levy 11  27 

Not  to  pay  expenses  of  previous  year 13  28 

REVOLVING  FUND,  how  created  and  for  what  pur- 
poses      291^  202 

RIGHTS   OF  CITY  AND   COUNTY 1 

S 

SALARIES  (see  under  separate  officers  and  depart- 
ments). 

Approval  of  heads  of  departments 

Demands  for,  allowed  by  Auditor 

Deputies  proportionate  to  actual  services 

In  full  compensation  for  all  services 

Increase  to  begin,  when 

SALE  OF  LAND,  proceedings  for 

SAN    FRANCISCO    LAW   LIBRARY    (see    Law    Li- 
brary). 
SANITARY  LAWS,  power  to  make  and  enforce  (see 

under  Supervisors). 
SANITARY   REGULATIONS    (see    under   Board    of 
Health). 

SCHEDULE    208 

SCHOOL  DEPARTMENT  (see  Schools). 
SCHOOL  DIRECTORS   (see  under  Schools). 

SCHOOL  HOUSES    AND   LOTS 1-3     122-123 

SCHOOL  TAX  LEVY  (see  under  Schools). 
SCHOOL  LOTS,  Panama-Pacific  Exposition  may  use 
SCHOOLS,  aggregate  tax  levy  for  school  purposes.. 

Department  comprises  what 

Evening    

Instruction  in,  furnished  free 

Lease  real  property 

Must  be  non-sectarian    

Salaries  of  teachers,  sum  to  be  raised 

Tax  levy  for  support  of 

BOARD  OF  EDUCATION, 

Actions   for  school   property 

Appointed  by  Mayor 

Approval  of  demands  on  School  FundB 

Bequests  for  benefit  schools 

Census   Marshals,   appointment   of 


13 

37 

13 

37 

33 

205 

34 

205 

42 

208 

9 

18-20 

6 

116 

1 

121 

1 

115 

2 

115 

0 

*•> 

115 

1 

118 

r, 

120 

9 

117 

1 

121 

s 

117 

1 

115 

:{ 

36 

■> 

118 

7 

117 

lMO  Index 


SCHOOLS   (Continued). 

Composed  of  four  School  Directors 

Disbursement  of  school   money 

lOmployes.  charges  against 

Extra  expenditures,  incurred  when 

Houses,  requisition  on  Public  Works 

In  charge  of  School  Department 

Meetings,  rules  of  proceedings,  etc 

Powers  in  addition  to  general  laws 

President  and  Secretary,  term  and  salary.. 

Qualifications,  term,  salary 

Repairs,  etc.,  how  secured 

Report  yearly  to  Supervisors 

Salary  roll  transmitted  monthly  to  Auditor. 

Salary  schedule  each  year 

Tax  levy,  annual  estimate 

Teachers,  appointment,  salaries,  promotion. 
Teachers,  certificates  granted  and  renewed. 
SUPERINTENDENT  OF  SCHOOLS, 

City   Board    of   Examination 

Deputies,  appointment,  qualifications,  term. 

Deputies  appointed   

Election  of,  at  what  time 

General  duties    

Member  of  Board  of  Education,  salary 

Recommended  studies  and  text  books 

Recommendation   of  measures 

Report  annually  to  Board  of  Education.... 

Rules  and  regulations  of  Department 

Teachers'  certificates,  examination  for 

Visit  and  examine  schools  twice  yearly... 

SEAL,  City  and  County 

Each  department  to  be  provided  with 

SEWERS  AND  DRAINAGE, 

Charge  of  Board  of  Public  Works 

Construction  and  repair 

Control   of    

Cost  of,  how  assessed  and  when 

Expense  of,  how  assessed 

Ordinances  authorizing  construction 

Special  fund   for 

SEX,  to  be  disregarded  in  appointment,  when 

Office  or  position  not  limited  by 

SHERIFF,  deputies,  employes  and  their  salaries... 

Election,  term,  salary,  powers,  duties 

Election,  at  what  time 

Four-year  term  for 

SIDEWALKS  (see  Streets). 

Power  to  regulate  use  of 

SINKING  FUNDS  (see  under  Funds). 
SPECIAL  DEPOSIT  FUND  (see  under  Funds). 

Moneys  in,  not  subject  to  what 

SPRINKLING   STREETS,   proposals  for  doing 

Under  charge  Board  of  Public  Works 

SPUR  TRACKS,  permits  for 

SQUARES  (see  under  Park  Commissioners). 

STATIONERY,   contracts   for . . 

For  public  officers 

How  furnished  to  officers,  etc 

Names  of  officers  not  to  appear  thereon 


.Si'f(  ion  or 

•Siiliilivision 

1       Pago 

1 

115 

9 

117 

f) 

116 

3 

122 

1 

122 

1 

116 

4 

116 

1-4 

116-119 

2 

115 

1 

115 

2 

123 

3 

119 

10 

118 

4 

119 

1 

121 

2 

116 

3 

116 

6 

121 

3-4 

120 

2 

119 

1 

153 

1-6 

120-121 

1 

119 

5 

120 

3 

120 

2 

120 

1 

120 

1-4 

121 

4 

120 

1 

1 

23 

10 

1 

102 

2 

102 

2 

102 

9 

103 

2 

76 

6 

103 

22 

10 

9 

181 

11/2 

197 

2 

55 

1 

55 

1 

153 

38a 

207 

6 

42 

29 

90 

3 

63 

3 

8 

3 

23 

3 

23 

3 

23 

3 

23 

Index 


241 


Section  or 
Subdivision        Page 

STENOGRAPHERS   (see  under  Superior  and  Police 
Courts,  City  Attorney  and  Coroner). 

STREET  RAILROADS  (see  Railroads). 

STREETS,  opening,  closing,  excavating,  grading  etc. 
(see  under  Public  Works). 
Use  and  regulation  of   (see  under  Supervisors). 

Railroad    spur    tracks    upon 3  8 

When  City  is  liable  for  injury  on 5  2 

STREET  IMPROVEMENTS  (see  also  Public  Works). 

Limit  of  assessment  on  property  owners 8  76 

Opening  of  streets  through  certain  pioperty 1-19  92-101 

Owners  may  improve  streets,  when 19  68 

Payment  of  assessment  by  installments 33  91 

Performance  of,  by  property  owners 9  76 

Procedure  for,  in  Charter,  not  exclusive 33  91 

SUBPOENAS,  policemen  to  be  detailed  to  serve...  24  201 

Power  to  issue  by  every  officer 24  201 

SUPERINTENDENT     OP     SCHOOLS     (see     under 
Schools). 

SUPERIOR  COURT  (see  Judges  of  Superior  Court). 

SUPERVISORS,  acquisition  public  utilities 1  169 

Additional  deputies,  etc.,  when  authorized 35  205 

Appropriation,  caused  to  be  raised  annually....  5  26 

Auditor's  extra  clerks,  designation  of 2  41 

Ayes  and  noes,  when  taken 3  3 

Appropriation    for   Civil    Service 1  178 

Authorize  erection  of  auditorium 10  20 

Bureau  of  Supplies,  may  provide  for 38  13 

Bids  rejected,  when 5  24 

Bonds,  issue  of,  proceedings  governing 1-16     169-177 

Bonds  of  officers,  when  may  require  additional.  .  5  196 

Budget  of  city's  expenditures 3  25 

Claims  for  damages  against  City 8  18 

Claims  may  be  revised,  when 1  38 

Civil  Service  Commission,  expenses,  etc 17  185 

Clerks,  assistants,  appointed  by  Board 1  3 

Consist  of  eighteen  members 2  3 

Constitute  Board  of  Equalization 2  14 

Contract  for  supplies,  etc.,  to  be  let  by 1  21 

Disbursement  of  public  money 15  29 

Demands  to   be  approved   by 19  6 

Elected  at  large  from  City  and  County 2  3 

Election  of,  at  what  time 1  153 

Ex-Mayors  entitled  to  seat  in 2  3 

Finance  Committee,  powers  and  duties 3-4  11 

Four-year  term  for :'.Sa  207 

Form,  methods,  etc.,  of  keeping  records  and  docu- 
ments       41  13 

Franchises  for  street  railroads 6  15 

Franchises  granted  by,  to  be  forfeited,  when 6  15 

Franchises,  no  exclusive^  to  be  granted 5  15 

Franchises  to  erect  poles  or  lay  wires 7  17 

Health  ordinancos,  how  enforced 4  150 

Journal  of  procefdings •''■  3 

Jurisdiction  over  wluirves  of  City 1-2  104 

Lil)rary  bonds,  authorized  to  sell  below  par lOji  175 

Lands  may  he  net  asidf  for  playgroiiud S  193 

Legislative  acts  by  ordinaiu'c; 8  4 

Legislative  power  vested  in 1  3 

I^vy  and  apportion  taxes 11  27 


'242  Index 

Section  or 

Subdivision  Page 
SUPERVISORS  (Continued). 

Library,  annual  tax  levy,  limit 2  124 

Ligliting  streets  and  buildin?:s 6  24 

May  sell  portion  of  Relief  Home  Tract 10  21 

May  buy  property  adjacent  to  Relief  Home  Tract  10  21 
May  provide  street  or  tunnel  assessment  to   be 

paid  in  ten  yearly  installments 33  91 

May  sell  or  exchange  land  in  Civic  Center 10  20 

May  open,  etc.,  streets,  cost  to  be  paid   in  ten 

yearly  installments  1  92 

May  declare  cost  of  opening,  etc.,  streets  be  paid 

by  City   2  93 

May  erect  Fire  Alarm  Station  in  Jefferson  Square  6a  188 

May  prescribe  form  of  demands  and  warrants..  39  13 

May  provide  for  employment  of  experts 2  197 

Mayor  the  presiding  oficers 5  4 

Meetings,  when  and  where 6  4 

Member  to  act  as  Mayor,  when 6  40 

Municipal  buildings,  provision  for  construction..  29  202 

Municipal  revenues,  amount  to  be  fixed 14  29 

Official  advertising,  contracts  for 2  22 

Opening  and  closing  streets,  power  in  relation  to  1-19  92-101 

Parks,  provision  for  support 11  190 

Payment  of  money  into  Police  Pension  F^ind 11  137 

Playgrounds,    appropriation    for 10  194 

Penalty  for  interest  in  contracts 6  198 

Power  over  members 4  3 

President  of  Board  to  be  the  Mayor 5  40 

President  pro  tempore,  election  of 5  4 

Provide  a  uniform  system  of  accounting 40  13 

Provide  for  creation  of  "Revolving  Fund" 29^/^  202 

Provide  for  Planning  Commission  and  fix  duties.  42  14 
Provide  for  and  regulate  purchase,  storage,  and 
distribution  of  all  supplies  for  offices  and  de- 
partments    38  13 

Public  utilities,  estimates  of  cost 1  169 

Public  works,  ordinances  relating  to 9  63 

Qualifications,  term,  salary 2  3 

Quorum,    majority   to    constitute 3  3 

Railroad,  lease  of,  when  and  how 7  17 

Real  estate  for  public  library 7  125 

Relief  of  indigent  and  exempt  firemen 36  12 

Removal  for  neglect  to  enforce  provisions 13  176 

Removal  of  officers,  when  and  how 18-19  200 

Schools,  annual  tax  levy,  provision  for 2  122 

Shall  fix  salaries  of  assistants   to  Civil  Service 

Commission   17  185 

Special  sessions,  called  by  Mayor 5  40 

Stationery,  contracts   for 3  23 

Street  grades,  power  to  change 1  104 

Street  opening,  etc.,  power  in  relation  to 1  92 

Support  of  Library 2  124 

Tolls  for  wharfage 2  104 

To  acquire  land  for  Civic  Center  purposes 10  20 

Tunnels,  subways  and  viaducts,  may  order  con- 
struction of  1-3     111-113 

Unnecessary  funds,  abolition  of 38  207 

Vacancy  in  office  of  Mayor,  how  filled 6  40 

CLERK  OF  BOARD, 

Appointment  of   1  3 


Index  240 


SUPERVISORS  (Continued). 

Bids  for  proposals  to  be  delivered  to 

Clerk  of  Board  of  Equalization 

Contracts  for  supplies,  etc 

Custody  and  recording  of  ordinances 

Custody  of  City  stationery 

Custodian  of  seal  of  City 

Duties  and  powers  of 

MAY  PASS  ORDINANCES, 

Animals,  cruelty 

Boulevards,    designation 

Cleaning  and  sprinkling  of  streets 

Contingent  fund  for  the  Mayor 

Convicts  and  felons,  apprehension 

Drainage,  general  system 

Fees  and  charges  not  otherwise  provided. . . 

Fourth  of  July,  appropriation 

General  provision   

Hours  of  labor  for  public  service 

Insane,  detention  

Interpreters,  payment  for 

Jails,  hospitals,  etc.,  maintenance 

Lands,  conveyance  of  certain 

Lighting,  contracts  for 

Licenses,  exceptions  

Local  police  and  sanitary  laws 

Memorial   Day,  appropriation 

Morgue,   maintenance    

Nuisances,  provisions  for  abatement 

Passenger  vehicles,  regulation  and  rates. . . . 

Pipes,   wires,   conduits,   franchises 

Pound,  rules  governing 

Property  for  public  use,  acquisition 

Purchase  of  property  under  execution 

Railroad  fares,  charges,  rates  of  speed 

Railroads,  franchises,  conditions 

Railroads  to  enter  City 

Railroad  tracks,  temporary  and  spur 

Regulate  use  of  streets,  sidewalks,  etc 

Sale  of  certain  personal  property 

Sale  or  lease  of  public  lands 

Seals,  City,  departments,  courts,  etc 

Sewers,  flushing 

Streets,  paving  of  by  railroads 

Streets,  when  railroads  may  be  operated... 

Streets  (see  further  under  Public  Works). 

Sweepings  of  streets  for  park 

Trusts  for  City,  execution 

Tunnels,   construction    

Unused  lots,  transfer  to  other  departments. 

TJtilitioH(  see  under  Public  Utilities). 

Violation  of  ordinances,  i)enaltie8 

Water,  gas,  heat,  light,  etc.,  rates 

Water,  heat,  light,  power 

Witnesses,  detention  

Wooden  buildings,  limits  restricted 

SUPPLIES,  contracts  for  each   department 

For  public  officers 

Limitation  upon  

PrLson-made  goods  not  allowed 


Section  or 

Subdivision 

Page 

1 

21 

2 

14 

r. 

24 

17 

6 

3 

23 

7 

4 

7 

4 

19 

10 

25 

11 

13 

9 

35 

12 

21 

10 

22 

10 

17 

10 

18 

10 

1 

7 

24 

11 

10 

9 

20 

10 

11 

9 

29 

11 

6 

24 

15 

9 

1 

7 

18 

10 

9 

9 

6 

8 

7 

9 

5 

15 

8 

9 

12 

9 

34 

12 

27 

11 

6 

1.^. 

28 

11 

3 

8 

2 

8 

33 

12 

32 

12 

23 

10 

13 

9 

28 

11 

6 

15 

4 

8 

30 

12 

26 

11 

31 

12 

If) 

10 

14 

9 

13 

9 

10 

9 

5 

8 

1 

21 

1 

21 

1 

21 

1 

21 

244 


Index 


Section  or 
Subdivision 

SUPPLIES  (Continued). 

Schools    2 

Stationery  for  public  olficers 3 

SUPERINTENDENT     OF     SCHOOLS     (see     under 

Schools). 
SUPERINTENDENT  OF  STREETS  (see  under  Pub- 
lic Works). 
SURETIES,  on  official  bonds  of  officers 3-5 

(See  also  under  Bonds). 

SURGEON,   Police    Department 7 

SURGEONS  AND   PHYSICIANS,   City  Hospital 6-7 

SUSPENSION,  of  elected  officers,  when  and  how.  . .     18-19 

Civil   Service  provision 12 

Defalcation  or  wilful  neglect 2 

SURPLUS  FUND  (see  under  Funds). 

How  created   16 

SURVEYOR  (see  under  Public  Works). 

SURVEYS,  how  made,  etc 11-12 

SWEEPING  AND  SPRINKLING  STREETS 29 

(See  also  under  Public  Works). 


Page 

119 
23 


196 

128 

150 

200 

183 

39 

29 

65 

90 


T 

TAX  COLLECTOR, 

City  Attorney  to  collect  delinquent  taxes 3  49 

Collection  of  taxes,  licenses,  etc 2  48 

Collections  to  be  paid  into  treasury 2  48 

Deputies  and  assistants,  and  salaries 1  48 

Election  of,  at  what  time 1  153 

Four-year  term  for 38a  207 

General  duties  of 2  48 

Licenses,  examination  of 4  49 

Licenses,  receipts,  etc.,  monthly  report 5  49 

Licenses,  revocation  4  49 

Office  hours  14  199 

Qualifications,  election,  term,  salary.  . 1  48 

TAXES,  apportioned  to  specific  funds 11  27 

Budget,  taxpayers  to  be  heard 3  25 

Delinquent,    collection   of 2-3  48-49 

Delinquent  publication  2  22 

Drainage,  general  system 22  10 

Equalization  of  2  14 

Fire  Department,  levy  for  Relief  Fund 2  144 

First  installment  payment  postponed,  when 17  29 

Increase  in  certain  emergencies 13  28 

Levy,  ordinances  for 13  5 

Levy,  to  include  Interest  and  part  principal 12  176 

Levy,  when  made  by  Supervisors 11  27 

Levy  for  all  purposes,  when  made 5  26 

Levy,  limit  for  City's  expenses 11  27 

Licenses,  regulations  15  9 

Police  Relief  and  Pension  Fund,  levy 11  137 

Public  Library,  levy  for 2  124 

Public  parks,  levy  for 11  190 

School  purposes,  levy  for 1-3     121-122 

TEACHERS  (see  under  Schools). 

TELEGRAPH,  regulation  and  control 13  9 

Wires,  posts,  regulation  and  control 13  9 

TELEPHONE,  regulation  and  control 13  9 

Rates  for  service 14  9 

TERMS  of  OFFICERS  (see  under  separate  officers). 


Index 


245 


TEXT  BOOKS  FOR  SCHOOLS,  recommendation  of. 
TRACKS  (see  under  Public  Works  and  Supervisors). 
TREASURER,  action,  no  mone.v  to  pay  demands... 

Appointment  of  assistants  and  salaries 

Bags  of  money 

Demands  against,  when  barred 

Demands,  approved  by  Auditor  before  payment.  . 

Demands,  limit  in  single  month 

Demands^  pay  out  of  Unappropriated  Fee  Fund. 

Demands,  payment    

Demands,  payment  in  order  of  presentation 

Demands,  registration   of    

Disbursement,  public  moneys,  only  officer 

Duplicate  receipt  for  money 

Duties  in  connection  with  deposit  of  public  funds 

Election  of,  at  what  time 

Election,  qualification,  term,  salary 

Fees,  etc.,  collected  to  be  paid  to 

Four-year  term  for 

File  monthly  and  quarterly  statements 

General  duties   of 

Joint  custody  safe,  control  with  Auditor 

Misconduct  in  office,  when 

Moneys,  all  to  be  paid  to 

Moneys,  all  to  be  deposited  daily 

Moneys,  daily  account  of 

Moneys  of  funds,  to  be  kept  distinct 

Moneys  received  monthly,  report 

Moneys,  transfer  from  Unapportioned  Fee  FHind. 

Not  to  pay  demands  on  wages,  when 

Office  hours,  daily 

Official  receipts  with 

Outstanding  bonds,  when  to  pay  for 

Receipts,  etc.,  issued  by 

TRUSTEES     OF    PUBLIC     LIBRARY     (see    under 

Library). 
TUNNELS,    SUBWAYS    AND   VIADUCTS,   may    be 

constructed    1-G 


Section  or 

Subdivision 

rage 

5 

120 

6 

47 

1 

43 

3 

46 

1 

38 

3 

41 

9 

26 

11-12 

36 

5 

47 

6 

47 

6 

47 

1 

34 

4 

46 

2 

43-46 

1 

153 

1 

43 

3 

34 

38a 

207 

2 

43 

2 

43 

3 

46 

2 

43 

1 

34 

17 

200 

2 

43 

2 

43 

8 

35 

10 

36 

19 

185 

14 

199 

5 

35 

7 

31 

6-S 

35 

111-111 


u 


UNAPPORTIONED  FEE  FUND  (see  under  Funds). 

Transfer  of  moneys  from 10 

Mileage  fees,  to  be  paid  out  of 1112 

UNCLAIMED  AND  STOLEN  PROPERTY  (see  under 

Property). 
UNDERWRITERS'  FIRE  PATROL  (see  under  Fire 

Marshal). 
UNIFOR.M  SYSTEM  OF  ACCOUNTING.  Supervisors 

to  provide 10 

URGENT  NECESSITIES.  appro|)ri:iti()ii    for S 

UTILITIES  (see  Public  Utilities). 


36 
36 


2<i 


VACANCY,  in  municipnj  office.s,  what  const  it  iite.s. 

In  office  of  Mayor,  how  filled 

Record  of,  by  Civil  Service  Commission 

Under  Civil  Service,  how  filled 


in 

lit!) 

6 

40 

v^ 

1S5 

8 

181 

24G  Index 

W 

Section  or 
Subdivision        Tage 

WAGES  (see  Salaries). 

Laborers   in    public   service 24  11 

In  execution  of  contracts 1  21 

ruder  Street  Railway  franchises 7b  38 

WARRANT  AND  BOND  CLERK  (see  under  Police 
Court). 

WATER  companies,  books  experted  by  Supervisors.  4  15 

For  Municipal   purposes 13  9 

Land,  may  be  acquired  for 15  176 

Location  and  quality 13  9 

Rates  for  use 14  9 

WHARVES    AND    HARBORS    (see    under    Harbors 
and  Wharves). 

WIDENING  OP  STREETS   (see  Street  Opening). 

WIRES  (see  under  Public  Works). 

WORKS  OF  ART  (see  under  Park  Commissioners). 


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